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Question
Scienter exists if a party makes a statement that he or she does not believe is TRUE.Answer
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Related questions
Q:
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.
Q:
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.
Q:
Melanie engages in speech that harms others' good reputations on her blog at no.lie.com. The First Amendment gives such speech
A.less protection than obscene speech.
B.more protection than symbolic speech.
C.no protection.
D.the same protection as any noncommercial speech.
Q:
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.
Q:
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.
D.promotes the public order, health, safety, morals, or general welfare.
Q:
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
A.any state legislature and Congress.
B.any state legislature but not Congress.
C.Congress but not any state legislature.
D.none of the choices.
Q:
In a suit against Owen, Phil obtains specific performance. This is
A.an order to do or to refrain from doing a particular act.
B.an order to perform what was promised.
C.a payment of money or property as compensation.
D.the cancellation of a contract.
Q:
In a suit against Sandy, Taylor obtains a remedy. In the U.S. legal system, this remedy will most likely be
A.an injunction.
B.damages.
C.rescission.
D.specific performance.
Q:
In Export Co. v. Finance Corp., there is no precedent on which the court can base a decision. The court can consider
A.neither public policy nor social customs and values.
B.public policy but not social customs or values.
C.public policy or social customs and values.
D.social customs or values but not public policy.
Q:
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.
C.at odds.
D.exactly identical.
Q:
In Nebraska, the highest-ranking (superior) law is
A.a case decided by the Nebraska Supreme Court.
B.a provision in the Nebraska constitution.
C.a rule created by a Nebraska state administrative agency.
D.a statute enacted by the Nebraska legislature.
Q:
Krystal is a federal judge. Krystal's judicial decisions are part of case law. This law includes interpretations of primary sources of law. These sources include
A.administrative regulations.
B.articles in law reviews and other legal journals.
C.compilations summarizing court decisions on particular topics.
D.legal encyclopedias.
Q:
The First Amendment protects commercial speech more extensively than noncommercial speech.
Q:
Political speech that would otherwise be protected by the First Amendment is prohibited if its source is a corporation.
Q:
Common law is a term for the law that is known to most of us.
Q:
The law establishes rights, duties, and privileges that are consistent with the values of society.
Q:
Ethical standards would most likely be considered violated if Retail Mart Corporation deals with a company in a developing nation that
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.
Q:
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.
D.utilitarian ethics.
Q:
In making business decisions, Glenda, personnel manager for HVAC Maintenance, Inc., applies his belief that all persons have fundamental rights. This is
A.a religious rule.
B.the categorical imperative.
C.the principle of rights.
D.utilitarianism.
Q:
Kennedy Capital Corporation provides other firms with funds to expand operations. If Kenney strictly complies with existing laws, the firm will
A.fulfill all business ethics obligations.
B.fulfill no business ethics obligations.
C.fulfill some business ethics obligations.
D.not need to fulfill any business ethics obligations.
Q:
To be ethical is to "do the right thing" but it does not otherwise "pay."
Q:
In ethical terms, a cost-benefit analysis is an assessment of the negative and positive effects of alternative actions on individuals.
Q:
An ethics program can clarify what a company considers to be unacceptable conduct.
Q:
An action may be legal and ethical.
Q:
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
A.not at all.
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.
Q:
Fact Pattern 2-1
Java Cafes, Inc., and Kaffe Import Corporation dispute a term in their contract.
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.
D.the resolution of the dispute will be decided an expert.
Q:
In Fancy Frills Corporation's suit against Glamour Stores, Inc., the jury returns a verdict in Fancy's favor. Glamour files a motion asking the judge to set aside the verdict and begin new proceedings. This is a motion for
A.a judgment in accordance with the verdict.
B.a judgment on the pleadings.
C.a new trial.
D.judgment n.o.v.
Q:
During the trial phase of Fuel Corporation's suit against Gas Stations, Inc., their attorneys engage in voir dire. This is
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.
Q:
Emil wants to initiate a suit against Fast Credit Company by filing a complaint. The complaint should include
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.
Q:
Kit loses her suit against Lou in a Minnesota state trial court. Kit appeals to the state court of appeals and loses again. Kit would appeal next to
A.a U.S. district court.
B.the Minnesota Supreme Court.
C.the United States Supreme Court.
D.the U.S. Court of Appeals for the Eighth Circuit.