Complete List of Terms and Definitions for Acc 241 1st test

Terms Definitions
Pete files a suit against Quality Goods Corporation over a contract. Before the trial begins, Pete can obtain from Quality Access to related documetns in Quality's possession
The basis for applying strict liability is determining who is at fault. F
Macro, Inc., believes that Micro Corporation is using Macro's trade secrets on Micro's server, without its consent. Macro takes Micro's server from Net Service Company without Micro's consent and keeps it for two years. Macro's most likely successful defe necessity
Mandatory arbitration clauses in employment contracts are not enforceable. F
Britney uses dynamite in her remote silver mine. Carl stores household cleaners in his suburban garage. Most likely liable under the doctrine of strict liability for any injury caused by an abnormally dangerous activity is Britney only
In an appeal, the parties' attorneys cannot present oral arguments. F
Adam, a bakery products salesperson, follows Blythe, a salesperson for a competitor, as she attempts to make sales to food stores. Adam solicits each of Blythe's customers. Adam is most likely liable for wrongful interference with a business relationship
A state trial court has before it Eagle Manufacturing Co. v. Fine Products Corp., a case of first impression. The court can not refuse to decide the Eagle case
Able Tool Company makes hedge trimmers. Brad is injured while using an Able trimmer and sues the company for product liability based on negligence. To win, Brad must show that Able di not use due care with respect to the trimmer
Sid files a suit against Tina. Before going to trial, the parties, with their attorneys, meet to try to resolve their dispute. A third party helps them to reach an agreement. This is mediation
Strict liability is imposed for reasons other than fault. T
Cold Stuff, Inc., makes snowboards, which it sells to Deep Freeze Sports Store (DFS). DFS sells Cold boards to consumers, including Ed. Ed is injured while using the board. In a product liability suit based on strict liability, Ed may recover from Cold Stuff or DFS
Lana hires Mike, an architect, to design a warehouse. Lana is dissatisfied with the look of the new building and sues Mike, alleging negligence. Mike can successfully defend against the suit by proving that lana was not injured in any way
Mary is a consultant to the National Conference of Commissioners on Uniform State Laws. This organization drafts uniform lawso on the states
Refer to Fact Pattern 3-1. If Nancy files a motion to dismiss, and the court denies it Nancy will be given more time to file another response
Refer to Fact Pattern 3-1. If Nancy files a motion to dismiss, and the court grants it Mack will be given more time to file an ammended complaint
Causation in fact can exist even if the plaintiff's injury would have occurred without the defendant's act. F
Ira is injured when he slips and falls in Jolly Breakfast Cafe. Ira files a suit against Jolly for $50,000. If Ira is 20 percent at fault and Jolly is 80 percent, in a state that applies a pure comparative negligence doctrine, Ira would recover $0
Refer to Fact Pattern 3-2. After its review of Kelly v. Lewis, any appellate court can affirm, reverse, or remand all or part of the lower court's decision
The River City Council, the Santa Clara County Board, the Texas state legislature, and the U.S. Congress enact laws. These laws constitute Statutory Law
The United States has a common law system. The common law began as a body of general rules applied in the courts throughout England
High Quality Products, Inc., files a suit against International Software Corporation. Jay is a witness for High Quality. Kim is a witness for International Software. High Quality may direct interrogatories to international Software Only
At a criminal trial, the burden of proof is on an accused person to prove his or her innocence. F
Federal cases typically originate in federal district courts. T
A plaintiff is a person against whom a lawsuit is brought. F
If a person breaches a duty of care and another person suffers an injury, the breach must have caused the harm for liability to result. T
At the commencement of a trial, only the plaintiff's attorney makes an opening statement. F
There is no defense (except innocence) to a charge of conversion. F
Brad files a suit against Corporate Industries, Inc., in a Delaware state court. A state court system typically includes a state supreme court, intermediate appellate courts, and trial courts
Marie, a driver for National Transport Company, causes a five-car accident on an interstate highway. Marie and National are liable to only those who injuries who could have reasonable been forseen
The use of force or intimidation is not necessary for an act of theft to be considered a robbery. F
Great Internet, Inc. (GII), is an Internet service provider. GII's tech support employees are on strike. Six of the workers are blocking GII's door. To get them away from the door, GII should obtain an injunction
Puffery is fraud. F
Mediation is adversarial in nature. F
A party who files an appeal is known as an appellant. T
Alan, the president of Beta Investments, Inc., and Colin, Beta's accountant, are charged with a crime, after the police search Beta's offices. Under the exclusionary rule illegally obtained evidence must be exclueded from a trial
A long arm statute is a state law that permits courts to obtain jurisdiction over out-of-state defendants. T
Embezzlement may be committed without physically taking property from the possession of another. T
Mike is arrested at a warehouse in North Industrial Park. A government prosecutor issues a formal charge against Mike for receiving stolen property. This charge is an information