BUSL - Exam #2

A victim of fraud has an incentive to sue under the civil provision of the RICO act because he will get three times the amount of damages he actually suffered.

The measure of damages for conversion is the reasonable value of the property taken or damaged in the condition it was in at the time the damage occurred.

The "state of the art" defense is available to any manufacturer in a product liability suit based on strict liability.

The doctrine of res ipsa locquitur applies when an alleged tortfeasor causes damage or personal injury as a result of violating a law or ordinance.

A surgeon is held to a higher standard of care performing a surgical procedure than a general practitioner would be in performing the same procedure.

The Supreme Court has ruled warrantless electronic surveillance does not violate the 4th amendment protections against unreasonable searches and seizures.

To be liable for intentional infliction of emotional distress, a defendant must have engaged in outrageous and completely intolerable conduct by community standards.

Whether or not a CPA performed negligently in auditing a company's books is a question of fact for the jury.

At common law, a child under 7 was presumed to possess the mental capacity to form criminal intent.

The Fifth Amendment requires a grand jury indictment for any felony charge.

If a construction company damaged property while blasting, the company would be held strictly liable.

A statement is defamatory only if the speaker intended to injure the subject's reputation.

A corporation may not be held liable for the criminal acts of its employees because a corporation cannot form criminal intent.

Jared is in negotiation to hire Holly, a CPA, to audit his company's financial statements. Kevin, who used to employ Holly to audit his company's books, tells Jared Holly often violates industry standards. Jared hires someone else. Holly may successfully sue Kevin for slander per se.

The function of a grand jury is to decide whether enough evidence exists to indict a criminal suspect for a crime.

A wrongful act can be both a crime and a tort.

In those states that recognize contributory negligence as a defense, a plaintiff who was 20% responsible for his injuries can collect the other 80% from the defendant.

Andrew added a drug to a drink he gave to Brittany to "relax her". Brittany now suffers from kidney disease. Andrew has committed assault against Brittany.

Alan was convicted in a criminal trial of assaulting Ben while Ben was involved in a conversation with Charlene. If Alan testifies he wanted to injure Charlene, he will not be found liable for the assault.

Libel is written defamation while slander is oral.

Someone who operates a legal business has a complete defense to the tort of nuisance.

Where a manufacturers fails to provide adequate instructions on the use of a product, the manufacturer may be sued for product liability based on negligence.

The greater the risk in a situation, the higher the duty of care.

A corporation need not turn over its internal records in a criminal proceeding because to do so would violate the corporation's right not to incriminate itself.

Not knowing you are on the land of another person is a complete defense to charges of trespass to land.

Dr. Dan accidentally left a scalpel in Paul Patient during Paul's operation, causing Paul much pain and necessitating additional surgery. Paul's lawyer will most likely use the special doctrine of ___________ when he sues Dr. Dan for negligence.

Non-violent crimes based on fraud and concealment are classified as ____________ crimes.

Defendant's failure to do what a reasonable and prudent person would do in his circumstances subjects Defendant to liability for

Which of the following could not be argued by a defendant in a product liability case based on strict liability to limit the dollar amount of the damages awarded to the plaintiff?

In prosecuting insider-trading cases, the government often identifies people who were given "tips" to buy or sell a certain stock from inside contacts who worked for the corporation and had access to inside or confidential information. Both the tipper and the tippee have criminal liability. The government may promise not to prosecute the tippee if the tippee testifies against the tipper at trial. This is an example of

Seeking to overthrow the government by force of arms is the crime of

Frank bought a diamond ring for his girlfriend from Bill. Bill told Frank he had given the ring to his fiancee, who returned it when she broke off the engagement. In fact, Bill had stolen the ring at a party. Frank had no reason to know or suspect the ring was stolen. What is Frank's liability in these circumstances?

Which of the following statements is true about the use of the reasonable person standard in negligence cases?

Big 60s British Rock Star had a contract to perform at Shady Pines Retirement Home, where many of his fans now lived. Sunnydale Retirement Village, a business rival, convinced Rock Star to breach his contract with Shady Pines and perform for them instead on that day. Sunnydale offered him more money and promised to pay for any liability he might have to Shady Pines. Shady Pines can sue Sunnydale for

For crimes that are serious felonies, the government gives the defendant notice of the charges against him in a(n)

Owen, the owner of Owen's Bar and Grill, repeatedly warns his bartenders to check IDs and to be on the lookout for fake IDs. Police officers caught Bartender serving alcohol to a minor. Owen will be held criminally liable, despite his many warnings, under the doctrine of

The damages awarded to a victim to make the victim "whole" are _____________ damages.

In most states, children under the age of ___________ cannot be held liable for negligence.

Ira signs Jill's name to the back of a check made out to her without Jill's authorization. Ira's act is

An Iowa state statute requires amusement parks to maintain equipment in specific condition for the protection of patrons. Jack's Amusement Park fails to maintain its equipment as required. Kathy, a patron, is injured as a result. Jack's has committed

Fred files a suit against Gail for conversion of property Fred asserts he owns. Gail will not be liable if she can show

Ann is the head of the account payable department in a large corporation. She set up a bank account in the name of a fictitious supplier and deposits a check in it every month. She is the owner of the account. Because Ann is an employee entrusted with making out checks for her employer, she has committed the crime of

Betty owns a large farm in Ohio. Dan drives his SUV off a highway and onto Betty's land. Dan commits trespass to land only if he

Leo hears Mona falsely accuse Nick of stealing from their employer. The statement is defamatory

Holly is granted immunity after she agrees to testify about a crime. Holly has an absolute privilege agains self-incrimination and

Harry, a securities trader, is arrested in his employer's parking lot on suspicion of insider trading. Harry must be informed of his right

Cathy causes a disturbance at Diners Cafe. She is arrested and charged with disorderly conduct, a misdemeanor. A misdemeanor is a crime punishable by imprisonment up to

Another term for strict liability is

The purpose of bail is to

Ron, the manager of Sav-Mart Discount Store, detains Tina, whom Ron suspects of shoplifting. Tina sues Ron, alleging the detention was false imprisonment. Ron is liable if Tina