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10/19/14 4:10 AMBusiness Law Test 2 Belmont flashcards | QuizletPage 1 of 11Ready to study?Start with FlashcardsBusiness Law Test 2 Belmont44 terms by marve37 STUDYFlashcardsLearnSpellerTestPLAYScatterSpace RaceTOOLSCopyAdd toClassAdd toSharePrintBy creating three independent and equalbranches of the federal government, the U.S.Constitution limited the federalgovernment's power.The Framers of our Constitution, a true crosssection of the population at the time, createdthe Constitution by amending the Articles ofConfederation, which had been thegoverning document of the colonists.The power to create laws regulatinginternational commerce is given to Congressand the states concurrently under the U.SThe "takings clause" prevents thegovernment from taking private property forany reason.Obscene speech is protected by the FirstAmendment.Public officials and public figures receiveless protection from defamation thanordinary people.
10/19/14 4:10 AMBusiness Law Test 2 Belmont flashcards | QuizletPage 2 of 11Opinion is generally a valid defense in adefamation lawsuit because it cannot beproven to be true or false.If Gloria threw a rock which hit Merle, sheis liable for an intentional tort of battery onlyif she intended to injure or harm Merle.Dewayne sold a space heater to Vivian,telling her it would heat a 200-square-footarea, even though he knew it wouldeffectively heat only about one third of thatspace. Dewayne is liable for the intentionaltort of fraud.Punitive damages are intended to punish thedefendant for conduct that is extreme andoutrageous.Palsgraf v. Long Island Railroad Co.addressed the issue of furnishing alcohol tominors.A landowner's highest duty is owed toinvitees.A defendant who engages in pile driving isliable for harm that results from the activityonly if the plaintiff proves the harm wasforeseeableWhile hunting, Roger enters onto Virgil'sproperty without permission and is injuredby a falling, dead tree limb. Under thecommon law, Virgil is liable for Roger'sinjuries.