BLAW 3310 Exam 1 Updated 2024/2025 Actual Questions and answers with complete solutions

A ___ ___ ___ is a short-term court order, generally lasting just a few days, and which is primarily used by a court to preserve the status quo until a more formal hearing can be held. - temporary restraining order A ___ injunction is a final court order, issued after the conclusion of the trial or as part of a settlement agreement. It usually remains in force indefinitely. - permanent A ___ injunction is a longer-term court order, usually in force until the dispute is resolved. - preliminary A ______ statute is a state law that permits a state's courts to reach beyond the state's boundaries for jurisdiction over nonresident defendants. - long-arm A basic element of a tort based on negligence is ___ between one party's act and another's injury. For a party to have caused an injury to another and be held ___,the act must have been the ___ of the other's injury. - causation; negligent; cause A business ___ be convicted of a crime. - CAN According to the Supreme Court, a state's long arm statutes must identify certain ___ ___ between the corporation and the state where the suit is being filed to qualify as transacting business. - minimum contacts Actus reus: - the existence of the crime; the guilty act Alternate dispute resolution (ADR): - consists of various ways to resolve disputes outside the court system.Although corporate executives cannot be made to testify against themselves, business records that might incriminate the corporation must be ___ since the Fifth Amendment does not ___ such records. - produced; protect An ___ is a court order directing a person to do or not do something. - injunction Appellate courts ensure that the trial court judge ___ applied the law. - correctly Arbitration: - is a process similar to litigation in which two or more persons agree to allow a neutral person or panel to resolve a dispute. binding; cannot appeal Assault (tort): - is intentional conduct directed at a person that places the person in fear of immediate bodily harm or offensive contact. Battery (tort): - is an unlawful touching, which is intentional physical contact without consent. Because the courts encourage negotiation, settlement offers presented in negotiation ___ ___ be used as evidence in court. - may not Benefits of the law: - provides some predictability and uniformity to the boundaries of acceptable conduct in a society Both systems may have jurisdiction when either of the following is the case: - 1. There is diversity of citizenship and the amount in controversy exceeds $75,000. 2. The dispute involves a federal question and Congress has not conferred exclusive jurisdiction on the federal courts. Commonwealth v. Angelo Todesca Corporation: - The Commonwealth (state) of Massachussetts won. The court concluded that one of Todesca corporation's agents, Mr. Gauthier, acting on behalf of the corporation and under its instructions, had committed a crime with the intent of benefiting thecorporation, therefore all the necessary elements to show that the Todesca corporation possessed the proper level of criminal intent, in this case, criminal negligence, are present. Comparative negligence: - the court, in evaluating the actions, should compare the possible negligence of both parties and allocate the liability. Example: If a plaintiff contributes 25% of the fault in a tort, then the defendant would be liable for 75% of the damages found to arise. Compensatory damages: - money damages to compensate for losses incurred because of actions of wrongdoer Congress can regulate ___ ___ form of commerce, even if the impact on interstate commerce is tiny. - almost any Criminal negligence: - criminal conduct that is not intentional, but occurred because one failed to act with the reasonable care that is expected under the circumstances