Business LAW Essay

Our federal form of government is a: compromise form of government where the national government and the states share sovereign power.

State regulatory powers are often referred to as:

police powers.

In an equal protection inquiry, when a law or action distinguishes between or among individuals, the basis or classification, is examined. Depending on the classification, the courts apply different levels of scrutiny or “tests” to determine whether the law or action violates the equal protection clause. The courts use one of three standards: strict scrutiny, intermediate scrutiny, or the: “rational basis” test. Article IV, Section 2, of the Constitution provides that the “Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several states.” This clause is often referred to as the interstate:

privileges and immunities clause. The courts also give substantial protection to advertising and marketing communications made by business firms that involve only their commercial interests. This type of communication is referred to as: commercial speech.

The First Amendment of the U.S. Constitution is made up of two parts, the establishment clause and the: free exercise clause. Generally, few laws or actions survive: a strict-scrutiny analysis by the courts. a “rational basis” analysis by the courts. an intermediate-scrutiny analysis by the courts. None of these choices. The USA Patriot Act has given government officials increased authority to monitor: Internet activities and to gain access to personal financial information and student information.

An order from a judge or other public official authorizing a search or seizure is referred to as a: search warrant.

The due process clause of the Fifth and Fourteenth amendments to the U.S. Constitution has two aspects—substantive and: procedural. Responding to the growing need to protect the privacy of individuals’ health records—particularly computerized records—Congress passed the:

Health Insurance Portability and Accountability Act of 1996. Retailers and other firms that explicitly or implicitly invite people to come onto their premises must usually exercise reasonable care to protect them, as they are: business invitees. False imprisonment is defined as the intentional confinement or restraint of another person’s activities:

without justification.

One element necessary to prove wrongful interference with a contractual relationship is that a: third party must know that a contract exists.

Generally, the purpose of tort law is to provide remedies for the violation of:

protected interests. The kind of damages designed to punish the wrongdoer and deter others from similar wrongdoing are called:

punitive damages.

The United States Supreme Court has held that, if an award of punitive damages is grossly excessive, it furthers no legitimate purpose and violates:

due process requirements.
A harmful or offensive physical contact which is intentional is: a battery. A valid defense to a claim for battery is: defense of others.

A person will not be liable for the tort of wrongful interference with a contractual or business relationship if it can be shown that the interference was: permissible.

Defenses that a defendant can use to avoid liability in a negligence case, even if the facts are as the plaintiff states, are called:

affirmative defenses.
Trespass to land occurs anytime a person, without permission: All of these choices. A licensee is:

a person who is invited onto the property of another for his own benefit.

Trespass to personal property is also called trespass to: chattels.

Tort law measures duty according to the: reasonable person standard. Causation in fact usually can be

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