Business Law: CH. 1 & 2

26 January 2024
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congress enacts a statue, the federal deposit insurance corporation issues rules, the southeast financial institutions issue instructions, south valley bank posts a memo with orders for their employees, and Tine tells her coworker about a recent news story. sourced of law include​
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the rules issued by federal administrative agencies.​
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a provision in the California state constitution conflicts with a provision in the U.S. Constitution. if challenged
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the U.S. constitution will be enforced
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the Pennsylvania legislature enacts a state law that violates the U.S. Constitution. this law can be enforced by
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no one
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Smithy Saddlery is a saddle shop subject to the laws of New York. In New York, the highest-ranking (superior) law is
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a provision in the New York constitution
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the best definition of a precedent is
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a court decision that furnishes an example or authority for deciding subsequent cases involving identical or similar facts
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As a judge, Bonnie applies common law rules. These rules develop from
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court decisions
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Owen is a federal judge whose judicial decisions are part of case law, which does not include interpretations of
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sound bites in the media
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Karen is a judge hearing the case of Local Dispatch Co. v. National Transport Corp. Applying the relevant rule of law to the facts of the case requires Karen to find cases on point—previously decided cases that, in relation to the case under consideration, are
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as similar as possible
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in lewis v. motor city cars & trucks, a state Supreme Court held that a minor could cancel a contract for the sale of a car. a lower court in the same state may depart from this precedent if the court decides hat the precedent
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is incorrect or inapplicable
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Judge Julia decides that the precedent for the case she is hearing is no longer correct due to technological changes. She overturns the precedent when she decides the case. It is most likely that her case will
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receive a great deal of publicity
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Eliza is a state court judge. Flora appears in a case in Eliza's court, claim¬ing that Glover breached a contract. As in most state courts, Eliza may
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award damages or issue a decree of specific performance
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Starlight Café brings a suit, seeking a remedy at law. A remedy at law is
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the payment of money or property as compensation for damages
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Leona enters into a contract with Munchie Bakery to cater a sales con¬ference. When the conference is postponed indefinitely, Leona asks a court to cancel the contract. This request involves
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an injunction
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Maggie and Nate enter into a contract for the sale of car, but Nate later refuses to deliver the goods. Maggie asks a court to order Nate to perform as promised. Ordering a party to perform what was promised is
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specific performance
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Chelsea is a state court judge. Like judges in most state courts, in a particular case, she may grant
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a remedy at law only
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Jane enters into a contract with Jill to provide 100 roses for a dinner party. Jill fails to deliver the roses. Jane initiates a suit against Jill, asking the court to order Jill to refund Jane's payment. Jane is
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the plaintiff
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Beth is a victim of Carl's violation of a criminal law. Criminal law is concerned with
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wrongs committed against the public as a whole
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Japan violates an international law. Other countries may take coercive actions, which include
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boycotting Japanese goods
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Savers Mart, Inc., distributes its merchandise to retail outlets on an interstate basis. Under the commerce clause, Congress has the power to regulate
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any commercial activity in the United States
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Tami's Tasty Tacos, a mobile vendor, 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 imposes a substantial burden on
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interstate commerce
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the commerce clause's express grant of exclusive authority to regulate commerce that substantially affects trade and commerce among states is referred to as the
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positive aspect of commerce clause
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Congress enacts a law prohibiting toys made in China from being sold in the United States. The Hawaii state legislature enacts a law allowing the sale of Chinese-made toys. Hawaii's law will most likely be struck down under
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the supremacy clause
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Don, a U.S. citizen, is the owner of Egrets Unlimited, Inc. Egret's competitors include Feathered Friends Company (FFC), which is owned by Greg and Huey. The Bill of Rights embodies a series of protections for Don against types of interference by
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the government only
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Martin, a U.S. citizen, feels that a recently enacted federal law is unfair. He assembles a group of friends and they write a petition to the government. Martin and friends then stand quietly in front of the White House with signs declaring their belief that the law is unfair. Under the First Amendment, Martin has a right to
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both petition the government and assemble peaceably
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Mary creates a t-shirt design that expresses her support for a presidential candidate and distributes t-shirts to all her friends. The t-shirts are an example of
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symbolic speech
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George burns an American flag in his backyard. He films his actions and posts the video on YouTube.com. George's actions are
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protected by the first amendment of the U.S. constitution
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Reusable Energy Corporation regularly expresses opinions on political issues. Under the First Amendment, corporate political speech is
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protected
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ViolentVideoGames, Inc. markets a variety of shooting, fighting and hunting video games. A state statue is enacted that requires all video game manufacturers to label any games with an option to kill something as "excessively violent." A court would likely hold this regulation to be
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an unconstitutional restriction of speech
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California enacts a statute to ban advertising in "bad taste." This statute would likely be held by a court to be
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an unconstitutional restriction of speech
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Machismo Motor Sales Corporation regularly advertises its off-the-road vehicles, all-terrain vehicles, and other products. Under the First Amendment, these ads and other commercial speech are given
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less extensive protection than noncommercial speech
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in 2013, congress enacts the act to restrictive commercial speech. the ARCS will be considered valid if it directly advances a substantial government interest
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but goes no further than necessary to achieve its purpose
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Oklahoma enacts a law requiring all businesses in the state to donate 10 per¬cent of their profits to Protestant churches that provide certain services to persons whose income is below the poverty level. PriceLess Stores files a suit to block the law's enforcement. The court would likely hold that this law violates
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the establishment clause
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Julia is a U.S. citizen. She establishes a website that posts threatening messages about celebrities. Her website is
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not protected by the first amendment
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a Massachusetts state statute imposes a prison term, without trial, on all street performers who operate in certain areas. a court would most likely review this statute under the principles of
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the due process clause
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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
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substantive due process