BUA Test 2 Belmont flashcards | Quizlet - Business Law Test...

10/19/14 4:10 AM Business Law Test 2 Belmont flashcards | Quizlet
Page 1 of 11
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Business Law Test 2 Belmont
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By creating three independent and equal
branches of the federal government, the U.S.
Constitution limited the federal
government's power.
True
The Framers of our Constitution, a true cross
section of the population at the time, created
the Constitution by amending the Articles of
Confederation, which had been the
governing document of the colonists.
False
The power to create laws regulating
international commerce is given to Congress
and the states concurrently under the U.S
Constitution.
False
The "takings clause" prevents the
government from taking private property for
any reason.
False
Obscene speech is protected by the First
Amendment.
False
Public officials and public figures receive
less protection from defamation than
ordinary people.
True

10/19/14 4:10 AM Business Law Test 2 Belmont flashcards | Quizlet
Page 2 of 11
Opinion is generally a valid defense in a
defamation lawsuit because it cannot be
proven to be true or false.
True
If Gloria threw a rock which hit Merle, she
is liable for an intentional tort of battery only
if she intended to injure or harm Merle.
False
Dewayne sold a space heater to Vivian,
telling her it would heat a 200-square-foot
area, even though he knew it would
effectively heat only about one third of that
space. Dewayne is liable for the intentional
tort of fraud.
True
Punitive damages are intended to punish the
defendant for conduct that is extreme and
outrageous.
True
Palsgraf v. Long Island Railroad Co.
addressed the issue of furnishing alcohol to
minors.
False
A landowner's highest duty is owed to
invitees.
True
A defendant who engages in pile driving is
liable for harm that results from the activity
only if the plaintiff proves the harm was
foreseeable
False
While hunting, Roger enters onto Virgil's
property without permission and is injured
by a falling, dead tree limb. Under the
common law, Virgil is liable for Roger's
injuries.
False
A sports fan, injured by a hockey puck that
flew into the stands during an NHL game,
would be subject to the defense of
assumption of the risk if she files suit to
recover for her injuries.
True

10/19/14 4:10 AM Business Law Test 2 Belmont flashcards | Quizlet
Page 3 of 11
Dram shop laws impose liability on those
who commercially serve alcohol for injuries
caused by their intoxicated patrons.