3) An intentional deception that causes harm to another 14) Damages intended to repay the plaintiff for actual costs he has incurred are damages 15) 16) 17) Central Hudson Test Lemon Test Compelling Interest Test a) A test used by SCOTUS in commercial speech cases b) A test used by SCOTUS in establishment of religion cases to determine excessive entanglement c) A test used by SCOTUS in free exercises cases. 18) The challenge to excuse a juror because he seems grumpy is referred to as ain] a) Fairness challenge b) Peremptory challenge c) Challenge for Cause d) Stipulated challenge e) Approved challenge 19) Assume a restaurant chain is forced to pay damages to a person who suffered food poisoning after eating at the restaurant. The restaurant pays the plaintiff's medical bills and lost wages, but the court also assesses damages for the wanton and reckless manner in which the restaurant monitored food safety. These damages are called a) monetary b) punitive c) compensatory d) reimbursement e) extraordinary 20) A variety of non-violent illegal acts that typically occur in a business context 21) When an employee uses corporate information which hasn't been made public to benefit from the sale of stock, he may be guilty of Civil Law Affirm Writ of Certiorari Reverse Business Law Commercial speech Political speech Subpoena Ethics a) Laws that govern rights between persons b) An appellate court decision that overturns a lower court decision c) An order to send the case record to the U.S. Supreme Court d) An order to appear e) Study about what's good and right f) Supporting a political candidate or referendum 9) An appellate court decision that accepts the decision of a lower court h) Enforceable rules of conduct that govern actions in the marketplace 1) Promoting the sale of goods and services 31) Which of the following must a plaintiff prove to win a recovery in a negligence case? a) Breach of duty, causation, and harm. b) Duty, breach of duty, and causation. c) Duty, causation, and damages. d) Duty, breach of duty, causation and damages. e) Duty, breach of duty, and harm. 32) A distinctive mark or logo used in conjunction with a product is a 33) Wrongful behavior associated with a crime. 34) The standard is a measurement of the way members of society expect an individual to act in a given situation. a) Observant person b) Careful person c) Reasonable person d) Reasonably accountable person e) Prudent person through 35) An administrative agency gets its name and power from the enabling legislation. a) People b) Judiciary c) President d) Congress e) All of the above Protection of an invention, product, or machine is a a) trademark b) trade secret c) copyright d) registration e) patent 37) A company is struggling to make a decision, but the manager finds there is no clear right decision available. This is an example of a) A win-win situation b) A no-win situation c) An ethical dilemma d) A consequential dilemma e) A legal dilemma 38) A is an appellate court decision that returns a case to the lower court for a new trial 39) Which of the following involves remedies available to an individual when his or her rights are violated? a) Civil and procedural law, but not criminal law b) Civil, procedural, and criminal law c) Criminal law d) Civil law e) Procedural law 40) When a person offers anything of value to a public official in order to gain an illicit advantage he has committed 41) The mental state accompanying the behavior in a crime is the 42) Intellectual property is a type of intangible property Short Answer. Use complete sentences. Use the back if necessary. Provide a complete analysis of the scenario using correct legal vocabulary when appropriate. When you think you have elaborated enough, elaborate some more. On Feb Feb 5, 2020, an avalanche killed 5 persons on a mountain road in Turkey. Three persons are reported still missing. Three hundred rescue workers were dispatched to the area to search for the 3 missing persons. While rescue efforts were underway, a subsequent avalanche killed 33 rescue workers and injured 53 while other rescue workers are still missing. Assume there is a risk of additional avalanches. The governor of the province has to now determine whether to continue or terminate rescue efforts for the missing rescue workers, Using the WH approach, analyze the Who and How to determine if the governor should continue or terminate rescue efforts for the missing rescue workers. Quoose a publicly traded U.S. Coffee Company sent a representative, D.J., to China to meet with representatives of Pluckin Coffee, a craft coffee company based in China. The purpose of the trip was to convince Pluckin Coffee to sell a significant shareholder interest in the company to the U.S. Company. Knowing that such an agreement would increase the stock price of both the U.S. Company and Pluckin, D.J. left express instructions with his broker: "If you get a message from me that the coffee is delicious', you should buy additional shares of my company and Pluckin immediately." The agreement to sell shares to the U.S. Company was finalized, and D.J. texted his broker, "the coffee is delicious.", so she bought additional shares for D.J. in both companies. Not sure why D.J. would request such a purchase, but playing a hunch, the broker also bought shares in both companies for herself. The day after these purchases, the stock transaction with Pluckin was made public Has D.J. committed a crime or crimes, and if so, which one(s)? Has the broker committed a crime or crimes? Your answer should include a discussion of the elements of the crime(s). unch, the brokenk transactions and if so, w