on your blue computer graded bubble sheet in the appropriate location.

Similar documents
Business Law Fundamentals Exam #1 Page 1 of 7

Spring 2018 Business Law Fundamentals O'Hara 2018 D

Page 1 of 7. Fall 2015 Business Law Fundamentals O'Hara 2015 E

NEGATIVE TEN COURSE POINTS

Exam #2 LAWS 3930 Page 1 of 6

Legal & Ethical Applications: Exam #1: Review LAWS 3930 & FoE 1, 3, 4, 9, and 11 & Microecon. & Chapters 5, Page 1 of 8

Business Law Fundamentals COMPREHENSIVE FINAL Exam Page 1 of 20

CONTRACTS. A contract is a legally enforceable agreement between two or more parties whereby they make the future more predictable.

FILED: NEW YORK COUNTY CLERK 01/31/ :46 PM INDEX NO /2016 NYSCEF DOC. NO. 112 RECEIVED NYSCEF: 01/31/2017

FEDERALISM. As a consequence, rights established under deeds, wills, contracts, and the like in one state must be recognized by other states.

OAKLAND UNIVERSITY PARALEGAL PROGRAM SYLLABUS. CEPL Substantive Law: TORTS

BUSINESS LAW. Chapter 8 Criminal Law and Cyber Crimes

Understanding the RM Process

FILED: NEW YORK COUNTY CLERK 08/26/ :23 PM INDEX NO /2015 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 08/26/2015

Shanghai Jiao Tong University. LA200 Business Law

TYPES OF MONETARY DAMAGES

Strict Liability and Product Liability PRODUCT LIABILITY WARRANTY LAW

Particular Crimes can be grouped under 3 headings: Crimes against people Crimes against property Crimes against business interests

4. What is private law? 3. What are laws? 1. Review all terms in chapters: 1, 2, 4, 5,6, 7, 8, 9, 11, 12, 13, What is the purpose of Law?

TORTS SPECIFIC TORTS NEGLIGENCE

FILED: NEW YORK COUNTY CLERK 10/28/ :04 PM INDEX NO /2016 NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 10/28/2016

Principles of Common Law 4 January 2017

a) You must present acceptable photo identification for admission to the test center.

Defendant, Prevost Car (US) Inc., Individually and as. Successor to Nova Bus, by its attorneys, MAIMONE & ASSOCIATES,

Business Law PRECISION EXAMS

District > Intermediate > Business Education > Business Law ( ) (District) > Juett, David

One Hundred Fifth Congress of the United States of America

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI ST. JOSEPH DIVISION

FILED: NEW YORK COUNTY CLERK 06/07/ :33 PM INDEX NO /2016 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 06/07/2016

United States Constitutional Law: Theory, Practice, and Interpretation

Chapter 6. Disparagement of Property 8/3/2017. Business Torts and Online Crimes and Torts. Slander of Title Slander of Quality (Trade Libel) Defenses

TERMS OF USE FOR PUBLIC LAW CORPORATION PERSONAL CERTIFICATES FOR AUTHENTICATION

ELEMENTS OF LIABILITY AND RISK

TERMS OF USE FOR PUBLIC LAW CORPORATION CERTIFICATES OF SECURE APPLICATION

End of First Nine Weeks

FILED: NEW YORK COUNTY CLERK 08/26/ :49 PM INDEX NO /2015 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 08/26/2015

Reality of Consent. Reality of Consent. Reality of Consent. Chapter 13

MISTAKE. (1) the other party to the contract knew or should have known of the mistake; or

Washoe Tribe of Nevada and California. Law & Order Code TITLE 3 TORTS. [Last Amended 10/1/04. Current Through 2/3/09.]

TORT LAW. By Helen Jordan, Elaine Martinez, and Jim Ponce

Legal Liability in Adventure Tourism

US Government Review 3.4

TITLE 6 SOVEREIGN IMMUNITY

21/12/2009 A SURVEY COURSE. Agenda. 1. Topics Covered on the Exam. 2. Sample Exam Questions. 3. Questions

Good Morning Finance 270. Finance 270 Summer The Legal & Regulatory Environment of Business

March 2016 INVESTOR TERMS OF SERVICE

FILED: NEW YORK COUNTY CLERK 03/15/ :24 AM INDEX NO /2016 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 03/15/2016

FILED: NEW YORK COUNTY CLERK 03/30/ :06 PM INDEX NO /2017 NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 03/30/2017

EQUIPMENT LEASE ORIGINATION AGREEMENT

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS GALVESTON DIVISION

Business Law Chapter 9 Handout

FILED: NEW YORK COUNTY CLERK 03/10/ :54 PM INDEX NO /2016 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 03/10/2016

FILED: NEW YORK COUNTY CLERK 12/17/ :47 PM INDEX NO /2015 NYSCEF DOC. NO. 61 RECEIVED NYSCEF: 12/17/2015

ARCHITECTS REGISTRATION COUNCIL SEMINARS

Canadian Systems of Law Contract and Tort Law for Professionals There are two systems of law that operate in Canada: Common Law and Civil Law.

FILED: NEW YORK COUNTY CLERK 11/04/ :40 PM INDEX NO /2016 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/04/2016

IR 26 CONSTITUTIONAL RIGHTS CHAPTER 13

Pitch Event License and Terms of Use

CONSTITUTION OF THE CITIZEN POTAWATOMI NATION PREAMBLE

FILED: ONEIDA COUNTY CLERK 01/23/ :02 PM

UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION. No. CR

Civil Liberties. Chapter 4

LEGAL GLOSSARY Additur Adjudication Admissible evidence Advisement Affiant - Affidavit - Affirmative defense - Answers to Interrogatories - Appeal -

CONSTITUTION OF THE CITIZEN POTAWATOMI NATION PREAMBLE ARTICLE 1 NAME. The official name of this Tribe shall be the Citizen Potawatomi Nation.

Consultant Allies Terms and Conditions

S A BILL. Calendar No To encourage the disclosure and exchange of information 105TH CONGRESS 2D SESSION

During the constitutional debates many delegates feared that the Constitution as

AP AMERICAN GOVERNMENT. Unit 6: The Bill of Rights. Chapter Outline and Learning Objective LO /24/2014. Back to learning objectives 1.

QUICKPOLE.CA TERMS OF SERVICE. Last Modified On: July 12 th, 2018

Mutual Indemnity and Hold Harmless Deed

Instructor: Dr. Carol Walker Office: TBD Office Hours: Please contact instructor to make an appointment.

The Empowered Paralegal Cause of Action Handbook

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA. Alexandria Division PLEA AGREEMENT

Day 7 - The Bill of Rights: A Transcription

SHARED WORKSPACE TERMS OF USE

Case3:13-cv SI Document11 Filed03/26/13 Page1 of 17

FILED: NEW YORK COUNTY CLERK 05/12/2014 INDEX NO /2014 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 05/12/2014

TITLE 6 SOVEREIGN IMMUNITY

NEGLIGENCE. All four of the following must be demonstrated for a legal claim of negligence to be successful:

FILED: ALBANY COUNTY CLERK 01/05/ :51 AM INDEX NO /2015 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 01/05/2016

Criminal Justice: A Brief Introduction Twelfth Edition

IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT IN AND FOR LEON COUNTY, FLORIDA SETTLEMENT AGREEMENT

Glossary of Terms for Business Law and Ethics

Criminal Law. The Basics

Intentional Torts. What Is a Tort? Tort Recovery

Question 1. On what theory or theories might damages be recovered, and what defenses might reasonably be raised in actions by:

Civics Study Guide: Final 2015

INDEPENDENT CONTRACTOR TERMS OF AGREEMENT Return to the Division of Human Resources when complete. Name: Individual: Business: (mark one)

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION PLEA AGREEMENT

Contents. Table of Statutes. Table of Secondary Legislation. Table of Cases. General Principles of Liability

Chapter 3. U.S. Constitution. THE US CONSTITUTION Unit overview. I. Six Basic Principles. Popular Sovereignty. Limited Government

Privacy law overview. Engineering & Public Policy

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION PLEA AGREEMENT

STUDY GUIDE Chapter 04 TEST

Contents. Introduction xvi. Unit 1: Our Legal Heritage 9. How to Use This Book xvi. How to Get the Most from This Course 2

DETAILED TABLE OF CONTENTS

26 th Annual IBA/IFA Joint Conference Managing Risks in International Franchising May 18-19, 2010 JW Marriott Hotel in Washington, DC.

Business Law Tort Law Unit Textbook

Case 3:17-cv LB Document 1 Filed 07/17/17 Page 1 of 11

FILED: NEW YORK COUNTY CLERK 06/02/ /15/ :56 02:55 AM PM INDEX NO /2015 NYSCEF DOC. NO. 149 RECEIVED NYSCEF: 06/02/2015

Transcription:

as your signature PRINT your name EXAM #1 Business Law Fundamentals LAWS 3930 sections -001, -002 and -003 Chapters 1-4, 24, 6, 7, and 9 INSTRUCTIONS: 1. Affix your printed name as your signature in the space provided above. 2. This is a closed book exam. It is an objective test of your subjective knowledge. group work is academic dishonesty and earns the student a course letter grade of "F". You may make up your white copy of the exam as much as you wish. RECALL: To calculate your grade with the answer key you need to mark your answers on your white copy of your exam. 3. The time for this exam is limited to the duration of a twice-a-week day class meeting time (i.e., 75 minutes [e.g., day exam starts at 10:30am and ends at 11:45am]). Time is forecasted as not being a constraint for any student. 4. Both print your last name and bubble in your last name on your blue computer graded bubble sheet in the appropriated location. 5. Both print your NU ID number and bubble in your NU ID number on your blue computer graded bubble sheet in the appropriate location. 6. This is a True-False exam. Use A for True. 7. Read carefully. Think. Read closely. Think. Recall, this is an objective test of your subjective knowledge. 8. Recall the material difference between i.e. (that is) versus e.g. (for example). 9. This is not a trivia test. Accordingly, never is a question false because of a number in the question. For example, if a question describes Amd. X, then the number is accurate (e.g., the question is not about Amd. IX). The question might be false for a reason other than the number. Similarly, the Latin is not the source of falsity. Both numbers and Latin are included solely to aid the student's recall. 10. Students taking their Exam #1 on Tuesday at 6:00pm shall turn in both [1] white copy of exam; and [2] completed blue answer sheet. Students taking their Exam #1 on Wednesday at 6:00pm shall turn in both [1] white copy of exam; and [2] completed blue answer sheet. Students taking their Exam #1 in the Thursday 10:30am class shall exchange their blue answer sheet for an answer key and retain their white copy of the exam. Tuesday and Wednesday evening students may, starting after 11:30pm Thursday, retrieve their white copy exam and an answer key from Professor O'Hara's suite secretary in MH 228. 11. This Exam #1's default worth is 300 points of a course total of 1,000 points. There are 52 questions graded as if there only are 50. Accordingly, each correct answer on Exam #1 is worth 6.0 course points. 12. WARNING: A student earns NEGATIVE TEN COURSE POINTS for each failure to comply with Instruction #1, Instruction #4, and/or Instruction #5. WARNING: Exam score of zero if fail to answer correctly question #52. See NOTE E on page 2 of 6.

NOTES: A. Recall the material difference between i.e. (that is) versus e.g. (for example). B. Use bubble A for TRUE and use bubble B for FALSE. C. For clarity in distinguishing a "principal" from a principal as well as distinguishing an "agent" from an agent, quote marks will be used for the generic words "principal" and "agent" and no quote marks will be used for the specific words principal and agent. That is, "principal" and "agent" refer to all three relationships (i.e., principal and agent; and principal and independent contractor; and employer and employee). Similarly, quote marks are used to distinguish a transaction that fails to achieve lawful contract status thus is a mere "contract" and a force that does not achieve unlawful duress status thus is mere "duress". D. The quote marks described in NOTE C. might be the very essence of the question's truth or falsity. For example, it is true to say "An employee is one of the three relationships in "agent"."; and it is false to say "An employee is an agent.". E. Different students have different versions of this Exam #1. For a student's blue bubble sheet to be correctly scored requires that student to record that student's version of this Exam #1. AT THE BOTTOM RIGHT OF THIS PAGE, WHAT LETTER FOLLOWS THE YEAR 2018? RECORD THAT LETTER AS YOUR ANSWER TO graded QUESTION 52. Failure to correctly record your version shall earn you a score of zero on Exam #1. F. All appeals of this exam s questions must be: [F1] typed; [F2] signed by the student in three ways, typed name, handwritten signature, and typed university identification number; [F3] immediately following the [F2] signature, list in sequence, solely by number, each of the questions being appealed; [F4] since this exam's design (i.e., 52 questions graded as 50) presumes two professor errors, harmless error exists with two flawed question; thus, an appeal must appeal three or more questions and must prove at least three questions to be objectively ambiguous for there to be one non-harmless error; [F5] after the [F3] list, argue each question, one at a time; [F6] at the beginning of each question s [F5] appeal, identify at least two reasonable meanings that the question could have had; [F7] in each [F5] appeal, argue why one or more of the [F6] identified reasonable meanings is as appropriate or is more appropriate than the meaning used for the answer key answer; and [F8] the signed appeal must be personally handed to the instructor (or to the instructor's suite secretary in MH 228) no later than the first 15 minutes of your class section's first class meeting following make up Exam #1 time: time is of the essence.

QUESTIONS: (Recall page 2's Notes C and D.) 1. T F USA law favors assigning legal liability to those persons whose actions are knowing or voluntary. Knowing comes in three forms. Actual knowledge (a.k.a., scienter) which is subjective. Receipt of notice which is an objective communication that if received by the Reasonable Person would have resulted in actual knowledge. Reason to know is the objective implied knowledge that experiences by the Reasonable Person would have resulted in actual knowledge. 2. T F USA law favors assigning liability based upon the subjective rather than the objective. The subjective is what a natural person personally experiences. The objective is what the Reasonable Person would perceive. The objective comes in two forms. Express is written words. Implied is in acts, words, and/or circumstances. 3. T F The most important person is a natural person (i.e., human). The least important person is a mere legal person (e.g., corporation). Only natural persons may be either a citizen or a consumer. 4. T F Most frequently USA law imposes legal liability when an actor's behavior is less than the behavior of the Reasonable Person. 5. T F Capacity focuses upon actual knowledge that the Reasonable Person would have. 6. T F Laches is tolled until the statute of limitations. 7. T F Central to the organization of USA law is the separation of powers. Nebraska's Constitution has an express separation of powers while the USA Constitution has an implied separation of powers. The separation of powers comes in three main forms. [I] Person v. government [ii] federal v. State [iii] legislative v. executive v. judicial. Due to the separation of powers, only the legislature has the power to create a crime. 8. T F Judicial review is the express power of the judiciary to interpret the Constitution and to declare unconstitutional any act of any USA government. 9. T F Every USA government always owes all person's due process of law. Due process of law comes in two forms: substantive due process and procedural due process. Procedural due process is notice and hearing, both proportional to the interests involved.

10. T F Common law fraud exists if the defendant knowingly and intentionally misrepresents a fact thereby inducing the plaintiff's justifiable reliance and actually causing the plaintiff's damages. 11. T F The Absorption Doctrine is a judicial interpretation of Amendment Fourteen's due process clause as binding the USA States to honor the fundamental rights of the Bill of Rights. 12. T F A case of first impression creates precedence. Precedence is binding. 13. T F The plaintiff must have standing to sue (i.e., injury in fact and within the zone of protected interests). Privity exists between those parties with legally recognized direct relationships (e.g., reasonably foreseeable in tort) 14. T F A Motion to Dismiss by assumption and a Summary Judgment by agreement remove all material questions of fact leaving only questions of law. 15. T F An appellate court will affirm the trial court unless the appellate court finds trial court made a material error. The material errors that a trial court might make are: [i] a clear error of fact; [ii] a NON-harmless error of procedure, or [iii] any error of law. 16. T F Preemption is not favored, but may be allowed if: [i] clear intent of Congress and national interests outweigh State interests; or [ii] express intent of Congress and a need for uniformity. 17. T F Police Power is the power of each USA State government to regulate for The People's health, safety, morals, and general welfare. 18. T F A government may not do indirectly that which it is expressly prohibited from doing directly; and the specific controls the general. 19. T F Because of Amendment IX and Amendment X, it is judicial activism if any USA court limits a natural person's rights solely to the express rights in the Bill of Rights.

20. T F Government may take any private property if government takes that private property with due process of law; for a public use; and pays just compensation. Mere regulation is not a taking. 21. T F The Commerce Clause contains an ambiguity that the judiciary must interpret. In the English language (both in 1789 and in 2017), the word among has a narrow meaning (i.e., between) and has a broad meaning (i.e., within). 22. T F The Law reaches binary conclusions (e.g., win v. lose). The Law reaches those binary conclusions by way of triad analysis (i.e., core, penumbras, and emanations). 23. T F Comity is an implied international tradition. But, domestically comity is an express constitutional duty and right of each USA State per Article IV, section 1 (i.e., Full Faith and Credit clause). 24. T F Any USA government always may regulate all free speech reasonably with respect to the time, place, and manner of that speech. 25. T F Commercial free speech is an implied fundamental constitutional right that is focused on the rights of the speaker and as a matter of law there is objective truth in commercial speech. 26. T F The Fourth Amendment requires a USA government to provide probable cause to the judiciary as a condition precedent to obtaining a warrant if a search or seizure is Unreasonable. 27. T F The Fifth Amendment imposes many express limitations on governmental action including but not limited to no double jeopardy, no torture in criminal cases no self-incrimination, grand jury needed for federal felonies, and due process of law to deny a person's life, liberty, or property. 28. T F The Ninth Amendment expressly recognizes that the People have implied constitutional rights (i.e., enumeration does not disparage).

29. T F The Tenth Amendment expressly limits the USA federal government to solely of granted powers and expressly makes the USA State governments of all but denied powers (i.e., powers not delegate nor denied are reserved). 30. T F The Absorption Doctrine is a judicial interpretation of Amendment Fourteen's due process clause as binding the USA States to honor the fundamental rights of the Bill of Rights. 31. T F The core of a USA State's legislative power is judged by the Rational Basis Test. A State's legislative action is presumed valid under the Rational Basis Test. If the State enacts social or economic regulation, then the State only needs a rational relationship between the State's legitimate governmental interest (e.g., Police power) and that social or economic regulation. 32. T F An Act of State is an action by a government as a government. 33. T F All governments have sovereign immunity for all acts by that government within its own jurisdiction: unless that government waived or surrendered sovereign immunity. 34. T F Amendment XI reserves to each USA State's sovereign immunity in the federal courts. 35. T F Torts either are intentional torts; negligence torts; or strict liability torts. 36. T F All torts have the same elements: defendant owes a duty of care to the plaintiff; defendant breaches that duty of care; defendant's breach is the proximate cause of the plaintiff's injury; defendant is obligated to pay the plaintiff damages; and defendant has no defenses. 37. T F Actual cause is the chain of events from first cause to plaintiff's injury. Proximate cause truncates the defendant's legal liability to a fraction of actual cause. Proximate cause exists if the plaintiff's injury would have been reasonably foreseeable to the Reasonable Person in the position of the defendant. 38. T F Assumption of the Risk exists if the plaintiff either knowing or voluntarily exposes the plaintiff to the harm or to the risk of harm created by the defendant. 39. T F The most frequently used burden of proof is the civil burden of clear and convincing evidence.

40. T F In common law contexts something is material if it is big enough to change the Reasonable Person's mind. 41. T F The Law defines rights (i.e., private property, torts, contracts, and crimes) and sets transaction costs (e.g., strict liability; burdens of proof). 42. T F A security is an investment of money in a common enterprise with a reasonable expectation of profit; that profit derived from the undeniably significant efforts of others. 43. T F Libel per se presumes damages, and thus avoids the Motion to Dismiss. Liber per se exists if the defendant defames the plaintiff as to a felony; unprofessional conduct; communicable disease; and/or unchaste. 44. T F Damages are legally recognized pecuniary loss. In tort, compensatory damages are to make the party whole. Since the specific controls the general, contract compensatory damages are to cover the loss of the benefit of the bargain. 45. T F Nominal damages (e.g., $1) are the pecuniary minimum for each right infringed. 46. T F Punitive damages are calibrated by: degree of reprehensibility of the defendant's conduct; reasonable ratio between punitive and compensatory damages (i.e., maximum ratio of 10:1 [i.e., substantive due process]); and proportional to legislatively specified fines for similar behavior. 47. T F Different areas of law require different amounts of capacity: crime > contract > tort > wills. 48. T F All crimes have the same elements: actus rea (i.e., bad deed); mens rea (i.e., bad thought); and no defenses. 49. T F Because of substantive due process of the separation of powers (i.e., Person v. govt), criminal laws are void for vagueness if the Reasonable Person upon reading the criminal statute cannot be reasonably certain as which deeds are bad deeds.

50. T F The Law recognizes three types of relationships between a "principal" and its "agent". Each of the three "P" & "A" relationships vary by who has control (i.e., of what and of how), and thus who has liability. The person who is to have liability must have capacity. 51. T F In the EU statutes routinely provide that a person must opt-in to surrender privacy. In the USA statutes routinely provide that a person must opt-out to claim privacy. 52. E Answer question #52 E (a.k.a., make up exam) or earn a zero on Exam #1.