Showing posts with label Case Opener. Show all posts
Showing posts with label Case Opener. Show all posts

Thursday, November 7, 2019

Which of the following was the result in regard to the statute of limitations in the Case Opener in which the plaintiff claimed that the drug

Which of the following was the result in regard to the statute of limitations in the Case Opener in which the plaintiff claimed that the drug Accutane caused her to develop ulcerative colitis and irritable bowel syndrome? 
A. 
That because the plaintiff was not warned by her doctor of specific risks caused by the medication, the statute of limitations did not begin to run until she became aware of an advertisement discussing the risk.

B. 
That because the plaintiff was warned by her doctor of specific risks caused by the medication, the statute of limitations began to run prior to the time she became aware of an advertisement discussing the risk; and the statute of limitations barred her claim.

C. 
That the statute of limitations began to run on the plaintiff's claim when the risk of the drug was discovered by the manufacturer, not on the date on which the plaintiff became aware of the risk and that the statute of limitations, therefore, barred her claim.

D. 
That in lawsuits involving this type of drug, there is no statute of limitations because each day the plaintiff suffers from pain results in the beginning of a new cause of action.

E. 
That the defendant committed fraud preventing it from relying on the statute of limitations.


Which of the following presents a problem when considering the theory of ethics known as absolutism? 
A. 
The questionable nature of the rules in most absolutist repositories seems overly flexible when applied to different situations.

B. 
The unquestionable nature of the rules in most absolutist repositories seems overly inflexible when applied to different situations.

C. 
The lack of objectivity.

D. 
The fact that most individuals associated with this theory have been proven to have acted to the detriment of their followers in one way or another.

E. 
The allegation that an excessive number of followers actually follow consequentialism.


Which of the following is the application of ethics to special problems and opportunities experienced by those in business? 
A. 
Situational ethics

B. 
Consequentialism

C. 
Business ethics

D. 
Sarbanes-Oxley principles

E. 
Business utilitarianism


Which of the following is the study and practice of decisions about what is good, or right? 
A. 
Morals

B. 
Ethics

C. 
Consequences

D. 
Law

E. 
Business


A local Chamber of Commerce plans a seminar on "the social responsibility of business in our community." What does that term reference? 
A. 
The responsibility of business to make profit for shareholders.

B. 
The responsibility of business to have annual meetings.

C. 
The expectations that the community imposes on firms doing business inside its borders.

D. 
The expectations of employees regarding wage rates.

E. 
The expectations of management in regard to adequate utility resources.

Wednesday, November 6, 2019

Under a conditional privilege, a party will not be held liable for defamation unless the false statement was made _______.

Which of the following may a person accused of defamation raise as a defense? 
A. Truth only.
B. Privilege only.
C. Need and truth.
D. Need, truth and privilege.
E. Truth and privilege.
A person accused of defamation can raise two defenses: truth and privilege.

When a[n] _______________ privilege exists, one cannot be sued for defamation for any false statements made, regardless of intent or knowledge of the falsity of the claim. 
A. Simple
B. Complex
C. Defamation
D. Absolute
E. None of the above.
A person with absolute privilege cannot be sued for defamation for any false statements made, regardless of intent or knowledge of their falsity.

Under a conditional privilege, a party will not be held liable for defamation unless the false statement was made _______. 
A. with actual malice
B. negligently
C. in print
D. publicly
E. to an employer
Under conditional privilege, a party will not be held liable for defamation unless the false statement was made with actual malice, that is, with either knowledge of its falsity or reckless disregard for its truth.

Which of the following would generally be public figures for purposes of the public figure privilege to actions for defamation? 
A. Politicians only.
B. Entertainers only.
C. Business owners only.
D. Politicians and entertainers.
E. Politicians, entertainers and business owners.
Public figures are those in the public eye, typically politicians and entertainers.

Which of the following would constitute the privacy tort of false light? 
A. Attributing characteristics or beliefs to a person that he or she does not possess.
B. Disclosing private facts about a person.
C. Defaming a person with actual malice.
D. Defaming a public figure.
E. Defaming a public figure for personal gain.
False light is closely related to defamation and occurs when publicity about a person creates an impression about that individual that is not valid.

Which of the following is true regarding the "case opener" involving the lawsuit for defamation brought by a plastic surgeon against the physician? 
A. The lawsuit was dismissed because of a lack of proof of an untrue statement.
B. The lawsuit was dismissed because of a lack of proof that the plastic surgeon was a public figure.
C. The lawsuit was dismissed both because of a lack of proof of an untrue statement and because of a lack of proof that the plastic surgeon involved was a public figure.
D. The verdict was upheld because the damages were proper and the plastic surgeon was not a public figure.
E. The verdict was upheld because the damages were proper and the plastic surgeon was a public figure.
On appeal, the defendant argued that the plastic surgeon was a public figure and as a result the jury should have been instructed that actual malice had to be shown. The supreme court of Nevada held that the plastic surgeon did not qualify as a public figure because he "did not voluntarily interject himself into a public [medical] controversy." Additionally, the court found that the awarded compensatory and punitive damages were proper.

Which of the following was the result in the Case Opener in which Hallmark claimed that an arbitration ruling against a former employee should be upheld?

Which of the following was the result in the Case Opener in which Hallmark claimed that an arbitration ruling against a former employee should be upheld? 
A. The former employee was barred from proceeding in court because of the binding arbitration clause.
B. The former employee was barred from proceeding in court based on the statute of limitations which expired while she was pursuing her remedies in arbitration.
C. The former employee was allowed to proceed in court because she had exhausted her remedies in the arbitration arena.
D. The former employee could proceed with an action in court because there was no consideration for the arbitration agreement and, therefore, no valid agreement.
E. The former employee could proceed with an action in court because, as a matter of law, arbitration agreements are barred in the arbitration context.
According to the court, "because there was no consideration from Hallmark, there was no binding contract to submit disputes to arbitration."

A[n] ___________ is a promise or set of promises for the breach of which the law gives a remedy or the performance of which the law in some way recognizes a duty. 
A. Contract
B. Offer
C. Consideration
D. Acceptance
E. Legal object
The Restatement (Second) of Contracts defines a contract as "a promise or set of promises for the breach of which the law gives a remedy or the performance of which the law in some way recognizes a duty."

Which of the following consists of an offer by one party and an acceptance of the terms by another party? 
A. Legal object
B. Agreement
C. Coherence
D. Alliance
E. Concurrence
The agreement consists of an offer by one party, called the offeror, to enter into a contract, and an acceptance of the terms of the offer by the other party, called the offeree.

The person who makes an offer is called a ___________. 
A. Offeree
B. Offeror
C. Agreeor
D. Agree
E. Inquiror
The agreement consists of an offer by one party, called the offeror, to enter into a contract, and an acceptance of the terms of the offer by the other party, called the offeree.

The person who agrees to the terms of an offer made by the other party is called the _________. 
A. Offeree
B. Offeror
C. Agreeor
D. Agree
E. Inquiror
The agreement consists of an offer by one party, called the offeror, to enter into a contract, and an acceptance of the terms of the offer by the other party, called the offeree.

Which of the following is a definition for consideration? 
A. Being cordial in the negotiation of contracts.
B. Refraining from unethical behavior in the negotiation of contracts.
C. Being cordial and refraining from unethical behavior in the negotiation of contracts.
D. A bargained-for exchange.
E. A contract negotiated in person as opposed to by telephone or e-mail.
Consideration is the bargained-for exchange or what each party gets in exchange for his or her promise under the contract.

Sam offers Betty his bicycle for $75. Which of the following is an example of an illusory promise on the part of Betty?

Sam offers Betty his bicycle for $75. Which of the following is an example of an illusory promise on the part of Betty? 
A. "I'll take it."
B. "I'll take it if I decide to do so."
C. "I won't pay $75, but I will pay $50."
D. "I'll take it if you will let me try it out first and the brakes work well."
E. "I'll take it if you will buy new tires."
For a court to enforce a promise, ______ must offer consideration. 
A. Only the offeror
B. Only the offeree
C. Only the acceptee
D. Only the acceptor
E. Both sides
Which of the following was the result in the Case Opener in which the attorney sued to recover the value of 3 percent of the defendant's stock based on the fact that he provided a loan to the defending company, and the directors later promised the stock to him? 
A. The court ruled that the attorney was not entitled to the value of the stock because it was offered as a gift.
B. The court ruled that the attorney was entitled to the value of the stock because it was offered as a gift.
C. The court ruled that the attorney was entitled to the value of the stock because it was consideration provided by the company.
D. The court ruled that the attorney was entitled to the value of the stock based on promissory estoppels.
E. The court ruled that the attorney was entitled to the value of the stock both because it was consideration provided by the company and also based on promissory estoppels.
Under the ____, promises based on past consideration may be enforceable to the extent necessary to avoid injustice. 
A. Restatement (Second) of Contracts
B. Uniform Commercial Code
C. Restatement (Second) of Remedies
D. Common law
E. Civil law
A promise to do something that you are already obligated to do is ____. 
A. Valid consideration because it is illusory consideration
B. Valid consideration only in the employment context
C. Valid consideration because it is past consideration
D. Valid consideration only if a sale of goods is involved
E. Not valid consideration
What does the preexisting duty rule mean? 
A. Performance of a duty one is obligated to do under the law is not good consideration.
B. Performance of an existing contractual duty is not good consideration.
C. A bilateral contract is not binding without past consideration.
D. Performance of a duty one is obligated to do under the law is not good consideration, and performance of an existing contractual duty is not good consideration.
E. Performance of an existing contractual duty is not good consideration, and a bilateral contract is not binding without past consideration.