403 MID 1 Practice A

403 MID 1 Practice A - Business Law MIDTERM EXAMINATION...

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Business Law MIDTERM EXAMINATION Practice Prof. Cheeseman 1
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1. Which of the following refers to the proper geographical location where a lawsuit may be filed within the proper jurisdiction: A. Venue B. Forum Shopping C. County iv. In Personam Jurisdiction v. None of the Above 2. Dr. Carter is driving down Beverly Boulevard when he sees Donna run a red light and hit Kelly. Kelly is injured by the accident and remained in her car. Dr. Carter jumps out of his car and quickly runs to help Kelly. Dr. Carter removes Kelly from her car and performs a few medical procedures before the ambulance shows up. Unfortunately, Kelly is paralyzed as a result. Kelly sues Donna, the driver, and Dr. Carter for negligence. Dr. Carter. At trial, evidence shows that Dr. Carter moved Kelly out of her car in order to perform CPR and that had Kelly not been moved, Kelly would not be paralyzed. The jury decides that Kelly suffers $5,000,000 as a result of her paralysis and that Dr. Carter was ordinarily negligent (not grossly negligent or reckless). In most states, for how much of the $5,000,000 is Dr. Carter liable? A. $5,000,000 B. $4,000,000 C. $2,500,000 D. $1,000,000 E. $0 3. Which branch of government is primarily responsible for enforcing the law? A. Executive B. Legislative C. Judicial D. Federal F. All of the above 2
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4. The University of California at Berkeley, a public-government-paid-for-university (therefore the government), is tired of being known as the school of social causes. The school administration announces that from now on, any person who is seen advocating a political cause on campus will be arrested and expelled – no questions asked. Monica and Chandler are students at UC-Berkeley. They think that the new rule is unconstitutional, so they put on their finest tie-dyed shirts, take a few “hits” and head to the center of campus carrying signs that read, “Leave the President alone”. Monica and Chandler are arrested after they sit in the middle of campus with their signs, even though they never do say a single word. Monica and Chandler disturb no one by their holding up the signs. At trial, Monica and Chandler argue that the law is unconstitutional. What will the judge decide? A. The rule is unconstitutional because it prohibits fully protected speech B. The rule prohibits some protected speech, but it is not unconstitutional as applied because Monica and Chandler were arrested for holding signs and not for verbally speaking C. The rule is constitutional because it is a reasonable time, place, and manner restriction on offensive speech D. The rule is constitutional because it prohibits only commercial speech E. The rule is constitutional because it prohibits unprotected speech 5. Homer buys a new John Doe, Inc. lawnmower. Unknown to Homer, the new mower is missing the screw that holds the mower blade in place. Homer starts up his new mower and watches in dismay as the blade goes flying around the yard like a boomerang. Homer ducks but the blade hits him in the forehead, where it remained embedded until
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This note was uploaded on 03/25/2008 for the course BUAD 403 taught by Professor Fields during the Spring '07 term at USC.

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403 MID 1 Practice A - Business Law MIDTERM EXAMINATION...

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