1. What are the two legal terms that are used in most civil cases to attribute the act of an agent back to the principle and to make the principle liable for the act or omission of the agent when that act or omission harms someone? 2. Under the First Amendment, the doctrine that allows government to regulate the content of a company’s advertising is called the: 3. With respect to that element of reliance, under Alabama law, if there is a false representation made to me in the context of the commercial transaction, and I am later provided written documents which, if I had read them, I would have realized that the precedent misrepresentation was false, I am excused from not having read the documents and I still have a cause of action in tort for the misrepresentation? True/False? 4. There are two basic fiduciary duties that arise out of traditional corporate governance structures. What are they? 5. What is the “Duty of Oversight” and of which fiduciary duty is it a part? 6. What two criteria are necessary for the Business Judgment Rule to be applied by a court? 7. What is the psychological term that describes why judges, with respect to the Business Judgment Rule, do not look back and second guess the substantive content of the decisions of a board of directors? 8. What is the psychological term that describes what can happen to a person when he or she is told: “Everyone does it this way” or “This is the way that it has always been done around here”? 9. Cases decided by the United States District Courts for the Northern, Middle, and Southern Districts of Alabama are appealed to what Circuit Court of Appeals? 10. If a lawyer files an application for a Writ of Certiorari to the United States Supreme Court, that means that the case will automatically be heard because a Writ of Certiorari means that there is an automatic right of appeal of that case to the Supreme Court. True/False? 11. Most European countries’ legal systems are referred to as being inquisitorial because of the roles of the judges, the lawyers, and the absence of a jury system like we have here in the United States. In contrast, the system in the United States is referred to as being: 12. Most Federal legislation, both civil and criminal, must be based on what Clause in the United States Constitution?
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