Business Law

by Scanr X Quiz: x G The p X Stude X 5 Stude X Busin X All Sa X 397/quizzes/164663/take Question 4 10 pts John is a farmer that grows and cultivates recreational cannabis for the local Eureka community. John knows that if he exports his product across state-lines he can held accountable under federal laws. This is an example of federal regulation under the hs 10th Amendment First Amendment Commercial Speech Police Power Commerce Clause Question 5 10 pts The Village Inn restaurant in Bakersfield recently had customer's that threatened the O eD Question 8 10 pts Alfred is a respectable attorney who is know to win the biggest cases in Bakersfield. In order to win the next malpractice lawsuit, he paid to fly a witness from New York, he also paid for his hotel, his meals, and even gave him a $5,000 stipend. This is an example of what type of witness? O Character Witness Direct Evidence Eye Witness Expert Witness D Question 9 10 pts Mrs. Murphy was at an auction and saw a piece of furniture that reminded her of her childhood in her home country. Mrs. Murphy taught it would be a great idea to leave the furniture behind for her family. In order to assure she can get the piece of furniture she decided to make a bid five times the original price. After the contract was signed, OQuestion 6 10 pts Tom recently filed a lawsuit against his neighbor because the neighbor breached a contract to fix the roof. Tom filed a complaint, then the court clerk docketed the action, and finally the court issued a summons at the request of the plaintiff. What is the next steps that Tom must take in civil procedures? Trial Judgement Summons is served to Defendant and return is made Court may order a pretrial conference Court issues notice of trial Question 7 10 pts Today. John received a judgement based on a civil lawsuit he had against him because he failed to nav the landlord's rent If lohn wants to temporarily stop the landlord from O eSubpoena Binding Arbitration Question 2 10 pts The public realized that the judge's decision had no equity because the investor lost all his equity in the Limited Liability Partnership. What does "equity" mean at the beginning and at the end of the sentence? Beginning: Stockholder's Equity/ End: Owner"'s Equity Beginning: Owner's Equity / End: Fairness Beginning: Partner's Equity / End: Stockholder Equity Beginning: Justice / End: Ownership Question 3 10 pts O e97/quizzes/164663/take A Texas judge told the criminal defendant, "Here in my great state, we punish that type of behavior. I will make sure you are locked away and we throw away the key. I do not care if you ever come back to society, I hope you rot in prison." This is an example, of which theory of punishment? Rehabilitation Retributive Residual Eye for an Eye Utilitarian Question 4 10 pts John is a farmer that grows and cultivates recreational cannabis for the local Eureka community. John knows that if he exports his product across state-lines he can held accountable under federal laws. This is an example of federal regulation under the OX Hy Scant X Quiz: X 97/quizzes/164663/take Question 1 10 pts Oscar is suing John for $1000 dollars but the judge sees that their argument is beyond financial, it seems more like a friendship gone wrong. The judge orders Oscar to visit a neutral person to facilitate their communication with the goal of creating a mutually acceptable agreement. The mutually acceptable agreement is not enforceable by law but more Mediation Statute of Frauds Superior Court System Subpoena Binding Arbitration Question 2 10 pts oe397/quizzes/164663/take Question 5 10 pts The Village Inn restaurant in Bakersfield recently had customer's that threatened the restaurant owner by saying, "we will call health inspection on you!" The restaurant owner is wondering whether the health inspectors have the right to do random inspections or do they have to ask permission first? He is hoping that if the health inspector has to get a search warrant, he will have enough time to prepare. Health inspector cannot do random inspections because the Fourth Amendment and the Pervasive-Regulation Exception does not apply and the federal government has the power to police. Health inspector cannot do random inspections because the Fourth Amendment protects both humans and businesses from all unreasonable searches and seizures. Health inspectors can do random inspections. Although the Forth Amendment protects businesses of unreasonable searches, the Pervasive-Regulation Exception would apply. Health inspectors can do random inspections. The Fourth Amendment protects against unreasonable searches and seizures but only for humans not businesses. O e6397/quizzes/164663/take Question 7 10 pts Today, John received a judgement based on a civil lawsuit he had against him because he failed to pay the landlord's rent. If John wants to temporarily stop the landlord from executing on the judgement, what can John do? Appeal Order a summons File another lawsuit for the exact same action Discovery Arbitration Question 8 10 pts Alfred is a respectable attorney who is know to win the biggest cases in Bakersfield. In order to win the next malpractice lawsuit. he paid to fly a witness from New York, he also paid for his hotel, his meals, and even gave him a $5.000 stipend. This is an example of what type of witness? OYes, because it would fall under defense to enforcement. Anyone would consider a transaction that costs more than what it needs to to be considered extremely unconscionable. D Question 10 10 pts Richard's Appliance Store, recently got into a verbal contract to mail a refrigerator to a customer in another state. The customer will pay Richard once the refrigerator is delivered to his front door. After a week, Richard decided that the cost to mail the refrigerator was not worth the revenue, and because of that he wants to breach the contract with customer. He is wondering whether there is a defense he can use that will not enforce him to comply with the contract? Yes, because the Statute of Frauds requires the the contract to be in writing and signed., which is not. Yes. because this contract would fall under mistake. Richard was mistakehas to the cost to deliver the refrigerator and that makes it unconscionable. No. because the contract has an Offer, Acceptance. and Consideration. Richard is now obligated to comply. No. because both parties had a mutual agreement and those types of contracts are always enforce under remedies. O ees/36397/quizzes/164663/take Eye Witness O Expert Witness D Question 9 10 pts Mrs. Murphy was at an auction and saw a piece of furniture that reminded her of her childhood in her home country. Mrs. Murphy taught it would be a great idea to leave the furniture behind for her family. In order to assure she can get the piece of furniture she decided to make a bid five times the original price. After the contract was signed, Mrs. Murphy is wondering whether the court will consider the contract wrong because she paid five times the asking price? No. because the court will not look at the adequacy of the consideration. Yes, because the court always looks at the transaction and makes a decision whether a contract is equitable. No. because Mrs. Murphy was not intoxicated and she does not have any defense to formation. Yes, because it would fall under defense to enforcement. Anyone would consider a transaction that costs more than what it needs to to be considered extremely unconscionable. O e