Hi there I just need some help with this business law work, thanks!
1 The tort of assault differs from the tort of battery in which of the following way: A. assault is accidental; battery is intentional. B. there is no difference. C. assault claims may be brought on future threats, whereas battery claims may not. D. assault requires proof of each of the separate elements of negligence. E. assault requires the plainti to show that hefshe was aware of the immediate danger. ANSWER 2. Through reapportionment, the decennial census has the following Congressional effect A. the number of a state's Senators are increased or decreased according to population changes. B. the number of a state's Representatives are increased or decreased according to population changes. C. both the number of a state's Senators and Representatives are increased or decreased according to population changes D. the number of United States Supreme Court justices are increased or decreased according to population changes ANSWER 3. Which of the following incorrect with regard to commercial speech A. the government cannot regulate commercial speech. B. the government can regulate the time of commercial speech but cannot prevent it. C. the government can regulate the place of commercial speech but cannot prevent it. D. the government can regulate the manner of commercial speech but cannot prevent it. ANSWER 4. Which of the following is considered to be fully protected speech under the US Constitution A. political speech and offensive speech B. when political speech is combined with commercial speech. C. political speech only. D. all speech is fully protected. ANSWER 5. The Chief Administrator of the National Highway Trafc Safety Administration, a federal agency, wants Congress to enact a national law ban on driving while texting (\"DWI"). Knowing that you are a distinguished Legal Scholar, he comes to you for advice. You tell him that A. Congress can ban commercial vehicle drivers 'om DEbm it lacks authority to stop private Automobile drivers om doing so. B. if Congress passes a legislation banning all DWT and the President signs it, DWT will come a federal offense. C. if he E: to ban stop private automobile drivers -om DWT, the National Highway Traic Safety Administration should link the States' receipt of federal highway funds to State laws banning DWT. D. AandCarecorrect ANSWER 6. The legislative branch of government is referred to as because it consists of the Senate and House of Representatives. A. parliament. B. electoral. C. bicameral. D. electoral. ANSWER7. The Clause has a greater impact on business than any other provision in the Constitution. A. Commerce. B. Supremacy. C. Interactive Rights. D. Federal Treaty. ANSWER 8. A tort is defined as A. a violation of an ethical duty. B. any crime or misdemeanor. C. any breach of a prior agreement that the victim to recover damages. D. any civil wrong that allows the injured person to recover damages. .. any objectionable conduct by a person. ANSWER 9. In the Ninth Circuit in the Schwarzenegger v. Fred Martin, the Court found that California lacked jurisdiction because: A. the Defendant did not misappropriate Schwarzenegger's likeness for a commercial purpose. B. Schwarzenegger was a public official and his likeness could be appropriated for commercial purposes. C. Fred Martin did not purposefully direct his activities toward California. D. Fred Martin did not demonstrate the requisite malice. ANSWER10. A medical doctor who amputates the wrong limb may be held liable for which of the following? A. medical malpractice. B. strict liability. C. battery. D. failure to abide by medical strict scrutiny. E. Aand C are correct. ANSWER 11. Which of below does not constitute an exigent circumstance A. Police removing an injured driver om a disabled automobile B. Police entering an elderly Wudthout permission in response to a request to check on the person's welfare C. Police enforcing martial law D. Police entering an apartment without permission in response to cry for help ANSWER 12. A charge of defamation must prove: A. the defendant made an untrue statement about the plaintiff but never made it public. B. the defendant made a true statement about the plaintiff and made it public without plaintiff's pemtission. C. the defendant thought about making an untrue statement about the plaintiff and intended to make it public. D. the defendant made an untrue statement about the plaintiff and published it. 13. A tort that constitutes the violation of a person's right to live life without being subjected to unwarranted publicity is called A. invasion of the right of privacy. B. tort of outrage. C. violation of private property. D. negligence. ANSWER _ 14. Two general categories of property are A. intentional and unintentional. B. real and imagined. C. teapass and conversion D. real and personal. ANSWER 15. A failure to exercise care or to act as a reasonable person would act is called A. breach of the duty of care. B. breach of contract. C. breach of injury to plaintiff. D. racketeering. ANSWER 16. Elements of negligence include all BUT which of the following? A. the defendant owes a duty of care to plaintiff. B. the defendant has mental impairment. C. the defendant breaches the duty of care to plaintiff. D. the defendant's negligent act caused the plaintiff's injury. ANSWER 17. Another term for proximate cause is cause. A. legal. B. appropriate. C. disparaging. D. negligent. ANSWER 18. To prove negligent infliction of emotional distress, the plaintiff must prove that A. the plaintiff suffered severe emotional distress. B. the plaintiff suffered at least a little emotional distress. C. the plaintiff was offended by the defendant. D. the plaintiff's mental distress resulted from merely thinking about an accident. ANSWER19. A tort in which the violation of a law constitutes the breach of the duty of care is called negligence A- mm 20. Punitive damages are A. limited to breach of contract actions. B. recoverable for all tortious conduct. C. are intended to punish and deter conduct. D. always awarded in civil cases regardless of the amount in controversy. ANSWER 21. Strict liability is liability without A. remorse B. discipline. C. fault. D. remedy. ANSWER 22. Burning the flag of the United States: A. absent a statute banning all flammable substances, might get you punched by a right-winger, but is absolutely protected political speech. B. is strictly prohibited seditious speech. C. could be prohibited if it would offend the sensibilities of a reasonable person. D. is an act which may be prohibited. ANSWER23. Bystander liability requires a showing of A. close family relationship. B. contemporaneous witnessing of the precipitating incident. C. severe emotional distress by the plaintiff. D. all the above. ANSWERQuestions 24 - 25 are based on the following facts: Unlike his USF Dons teammate Mr. Sean "I'm Not Scott" Bowman, Andre "Longball" Glasnovic can really kick a soccer ball. One early Tuesday morning while "Longball" Glasnovic was practicing soccer at USF's Negoesco Field, for the 100th time he kicked a ball over the fence onto Turk Street. Just moments before, BUS 301 Legal Scholar Sandra Draper found that ever elusive legal parking place on Turk Street and parked her pride and joy 1983 primer grey Dodge Comet with the missing front quarter panel in front of the soccer stadium. Sadly, the soccer ball kicked by "Longball" Glasnovic struck the roof of Sandra's car and dented it. The ball then careened down Turk Street toward Arguello Boulevard. Just as the ball crossed Arguello, it rolled underneath a passing westbound 31 Balboa Muni Bus. The ball was picked up by the bus' circling tire and was then propelled eastbound at great velocity back toward Arguello Boulevard. As the world's oldest business law professor was crossing Arguello Boulevard en route to class, the ball struck him. Fortunately the ball did not cause any harm to the old professor, it only hit him in the head. 24. Assume that Sandra sues "Longball" Glasnovic and USF for the damage to her prized automobile. What is the likely result? A. Sandra wins because it was reasonably foreseeable that someone as talented as "Longball" Glasnovic could kick a soccer the ball over fence and damage a parked automobile. B. Sandra loses, she assumed the risk of damage to her car when she parked it on a public street in front of the soccer stadium. C. Sandra wins because "Longball" Glasnovic was engaged in an ultrahazardous activity. D. Longball" Glasnovic and USF win because neither intended the damage to Sandra's car. ANSWER25. Assume that the World's Oldest Professor sues \"Longball\" Wand USF for personal injury. What is the likely mult? A. Professor loses because he was not a foreseeable victim. B. Professor wins because \"Longball\" We, and USF are responsible for all damage caused by tliil: negligence. C. Professor loses because he cannot prove damages. D. A and C