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Question
Jewel Property Company hires Klint, an independent contractor, to wash the windows of Jewel's commercial building. Jewel's tenant Lucy is injured when Klint closes a window on her hand. In determining whether Jewel is liable for Lucy's injury, the most important factor isA.Jewel's employment of Klint.
B.Jewel's investigation of Klint's background and experience.
C.the condition of the premises, especially the window.
D.the degree of control that Jewel maintained over Klint's actions.
Answer
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Related questions
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The Constitution provides that no person shall be deprived of "life, liberty, or property without due process of law." Under this clause, "persons" include
A.animals and other "beings in nature."
B.buildings and other "manmade creations."
C.corporations and other "legal persons."
D.none of the choices.
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Justice For All, a political organization, files a claim to challenge a Colorado statute that limits the liberty of all persons to broadcast "annoying" radio commercials. This claim is most likely based on the right to
A.engage in interstate commerce.
B.privacy.
C.procedural due process.
D.substantive due process.
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A.less protection than obscene speech.
B.more protection than symbolic speech.
C.no protection.
D.the same protection as any noncommercial speech.
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A Minnesota state statute restricts certain kinds of advertising to protect consumers from being misled. A court would likely hold this statute to be
A.an unconstitutional restriction of speech.
B.constitutional under the First Amendment.
C.justified by the need to protect individual rights.
D.necessary to protect national interests.
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Tori files a suit against the state of Utah, claiming that a Utah state law violates the commerce clause. The court will agree if the statute
A.impinges on citizens' private activities.
B.imposes a substantial burden on interstate commerce.
C.imposes a substantial burden on the state.
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Business Markets Coalition (BMC), a political lobbying group, wants a certain policy enacted into law. If BMC's policy conflicts with the U.S. Constitution, a law embodying it can be enacted by
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B.any state legislature but not Congress.
C.Congress but not any state legislature.
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A.an order to do or to refrain from doing a particular act.
B.an order to perform what was promised.
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In a suit against Sandy, Taylor obtains a remedy. In the U.S. legal system, this remedy will most likely be
A.an injunction.
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C.rescission.
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Sam is a judge hearing the case of Local Co. v. National Corp. Applying the relevant rule of law to the facts of the case requires Sam to find previously decided cases that, in relation to the case under consideration, are
A.as different as possible.
B.as similar as possible.
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In Nebraska, the highest-ranking (superior) law is
A.a case decided by the Nebraska Supreme Court.
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Political speech that would otherwise be protected by the First Amendment is prohibited if its source is a corporation.
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Common law is a term for the law that is known to most of us.
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The law establishes rights, duties, and privileges that are consistent with the values of society.
Q:
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A.agrees to produce goods at Retail Mart's desired price.
B.goes unnoticed by "corporate watch" groups.
C.exploits its workers.
D.pays its workers less than the U.S. minimum wage.
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Solid Tool Company's decision makers view a particular risk in the use of Solid's product as open and obvious. Continuing to market the product without telling consumers of the risk could be justified from a perspective of
A.duty-based ethics.
B.Kantian ethics.
C.rights-based ethics.
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C.fulfill some business ethics obligations.
D.not need to fulfill any business ethics obligations.
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To be ethical is to "do the right thing" but it does not otherwise "pay."
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In ethical terms, a cost-benefit analysis is an assessment of the negative and positive effects of alternative actions on individuals.
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An action may be legal and ethical.
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To resolve a dispute, Amy in Boston and Chris in Denver utilize E-Solution, an online dispute resolution (ODR) service. This limits these parties' recourse to the courts
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B.until the ODR service has issued a decision.
C.with respect to any dispute arising between them.
D.with respect to this dispute only.
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Fact Pattern 2-1
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Refer to Fact Pattern 2-1. If Java and Kaffe have a long-standing business relationship that they would like to continue, a preferred method of settling their dispute may be mediation because
A.the case will be heard by a mini-jury.
B.the dispute will eventually go to trial.
C.the process is not adversarial.
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B.a judgment on the pleadings.
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A.the assessment of the arguments on the issues.
B.the determination of the issues to be argued.
C.the litigation of the issues and arguments.
D.the selection of jurors.
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A.an explanation of the proof to be offered at trial.
B.a motion for judgment n.o.v.
C.a motion for judgment on the pleadings.
D.a statement of the grounds for the court to exercise jurisdiction.
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