TEST NO. 1- LEGAL ENVIRONMENT OF BUSINESS NAME SUMMER 2018 TRUE/ FALSE 1. Articl
ID: 2614859 • Letter: T
Question
TEST NO. 1- LEGAL ENVIRONMENT OF BUSINESS NAME SUMMER 2018 TRUE/ FALSE 1. Article 1. Section & of the U.S. constitution only deals with business transactions in foreign countries 2. A business in the United States could enter an agreement with another business in Canada, but both businesses must follow business law as established in the CISG because the two countries are "common law" countries. 3. In general, a person does owe a duty to help a person in distress. 4. A civil court action in negligence can only be brought in the Court where the Plaintiff lives. 5. One post trial motion in Maryland is an appeal. 6. In every instance a police officer must have an arrest warrant before the officer can make an arrest. 7. Mandatory arbitration clauses in an employment contract are not legally binding. 8. A person cannot be charged criminally with "fraud", this is a civil action only. 9. During the "discovery" phase of a civil proceeding, only parties can be sent interrogatories. 10. Attorney's fèes are often given in civil case involving a contract dispute. 11. The parties to a dispute must follow the decision of a Court appointed mediator. 12. Once a person is found not guilty of a crime by a court, no other action can be taken by anyone against that person for that same act, either civilly or criminally 13. It is likely that a state law would be declared unconstitutional, if that state law provided for a warrantless search of any real property a person owned if when the person was arrested while driving and they had illegal drugs on their person. 14. Ifa Defendant fails to file an answer, then the court must put on the case for the Defendant. 15. The Federal Courts have exclusive jurisdiction in issues related to both trademarks and worker's compensation.Explanation / Answer
1.False.Article 1 Section 8 of US Constitution also deals with establishing an uniform rule of naturalisation and on the subject of Bankruptcies through out USA / establishing Post Offices and Post Roads by US Congress etc.
2.False.For entering an agreement with a business in Canada by a business in USA one has to follow the U.S.-Canada Free Trade Agreement (which became effective on January 1, 1989) and has continued under the NAFTA, which replaced the Canada-U.S. Free Trade Agreement on January 1, 1994.
3.False.In general a person doesn't owe a duty to help person who is in distress.Unless and untill the relationship between both person i.e. helper & helpee is 'Special'.
4.True.a civil court action in negligence can only be brought in the court where the plaintiff lives.
5.True.Appeals, post-trial and post-sentencing motions in maryland must be filed within strict time limits.
6.False.A police officer requires some'Probable Cause ' at the time of arresting someone and later on the existence of the 'Cause' would be decided by the 'Judge' . Arrest Waarant is not mandatory for a Police Officer at the time of arresting someone.
7.True.mandatory arbitration clauses in employment contracts are enforceable by the Federal Arbitration Act.
8.True.A person in us can not be charged criminally with fraud becouse it's only a civil wrong.
9.False.During 'discovery 'phase of a civil proceedings ,parties can be sent interrogatories as well as a request for production of documents,Request for admission of facts & third party subpoenas.
10.True.Attorney's fees are often given in civil case involving a contract dispute.
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