Design Strategies v. Davis, is an example of the application of:

Group of answer choices:

The legal approach to analyzing noncompete agreements in employment contracts.

The fiduciary rule.

The duty of good faith and fair dealing.

The tort of wrongful discharge.

------------------

With regard to the coverage in this course of law and ethics, which fundamental ethical principle can be seen reflected in the tort of negligence?

Group of answer choices

The duty to avoid the appearance of a conflict of interest.

The duty of good faith and fair dealing.

The fiduciary duty.

The duty to exercise care and diligence.

----------------

You are employed by Etico, a maker of fountain pens. Your responsibilities include selecting Etico's materials suppliers. One of the suppliers being considered by Etico is a company owned by your spouse. This situation is an example of:

Group of answer choices

The law's "business opportunity doctrine," and you may take advantage of this opportunity to benefit both Etico and your family.

The legal doctrine of inter-spousal privilege.

A conflict of interest.

The application of supply side economics to business law.

0------------------------

Legal realists:

Group of answer choices

Reject human experience as an important factor in the development of the law.

View law as rules established by a legitimate sovereign.

Focus on what really happens in the legal system and the impact of social forces on legal development.

Rely solely on logic in deducing legal principles.

---------------------------

In the United States, the primary law-making function rests in:

Group of answer choices

The legislative branch of government.

The administrative branch of government.

The judicial branch of government.

The executive branch of government.

--------------------

Executive orders issued by the president of the United States:

Group of answer choices

Are no longer used because they violate the principle of separation of powers.

Have effect only after Congress ratifies such orders by a two-thirds vote.

Are not subject to judicial review under the separation of powers doctrine.

Are issued to implement the president's power over domestic affairs.

=-----------------------

The common law is:

Group of answer choices

Is identical to criminal law.

Unwritten.

Is based on legislation.

Court-made law.

---------------

The U.S. Supreme Court's opinion in Abramski v. U.S. is an example of:

Group of answer choices

Illogical legal reasoning.

Purposive legal reasoning.

Textualist legal reasoning.

Formalist legal reasoning.

-------------------------

The attorney-client privilege:

Group of answer choices

Applies only to communications between the attorney and high-level corporate management.

Is primarily for the benefit of the attorney.

Applies only to communication from the attorney to the client.

Is waived if communications knowingly occur in the presence of third parties.

-------------------------

The burden of proof on the plaintiff in a civil case is to prove the plaintiff's claim:

Group of answer choices

Beyond any doubt.

By a preponderance of the evidence.

Beyond a reasonable doubt.

By clear and convincing evidence.

-------------------------

A person called upon to decide a dispute as an alternative to litigation is called a(n):

Group of answer choices

Counselor.

Judge.

Arbitrator.

Mediator.

-------------------------

As a result of the U.S. Supreme Court's decision in AT&T Mobility LLC v. Conception, one should expect:

Group of answer choices

Fewer class action lawsuits brought by consumers.

More class action lawsuits brought by consumers.

State legislatures and Congress to pass legislation repealing the class action lawsuit.

About the same number of class action lawsuits brought by consumers.

-------------------------

A contract is defined as:

Group of answer choices

An agreement that a court will enforce.

A gratuitous promise.

Two or more persons who carry on a business for profit.

A written statement expressing mutual trust.

-------------------------

The presence of contractual intent is determined:

Group of answer choices

By the test of what the parties entitled their writing.

By the reasonable person test.

Subjectively.

By the meeting of the minds test.

-------------------------

The essential elements of a contract are:

Group of answer choices

Offer, acceptance, and consideration.

Offer, acceptance, and a writing.

Promise, reliance, and detriment.

An exchange of mutual moral obligation.

-------------------------

The usual remedy for breach of contract is:

Group of answer choices

Money damages to give the victim of the breach the benefit of the expected bargain.

Money damages to pay for the victim's reliance on the broken promise.

An injunction, ordering the breaching party to do or not do something.

Specific performance.

-------------------------

Under respondeat superior an employer:

Group of answer choices

is liable only if negligent.

is not liable for torts committed by an employee within the scope of employment.

is liable for torts committed by an employee within the scope of employment.

is not liable for the torts of an employee when the employer is without fault.

-------------------------

Which of the following is not an intentional tort?

Group of answer choices

false imprisonment.

negligence.

deceit.

battery.

-------------------------

The fundamental question that tort law seeks to answer is:

Group of answer choices

who was in the best position to keep an injury or loss from happening in the first place.

who is in the best position to bear a risk of loss.

who pays when someone is injured or property is damaged.

what is morally correct business conduct.

-------------------------

Employer fired Worker for wearing an OSU Buckeyes sweater to work, because Employer was a University of Cincinnati Bearcats fan. Employer is:

Group of answer choices

liable to Worker for the tort of wrongful discharge.

liable to Worker for harassment.

liable to Worker for the tort of invasion of privacy.

not liable to Worker.