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BUSL - Exam #2

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Quiz on BUSL - Exam #2, created by ermarv12 on 30/04/2014.
ermarv12
Quiz by ermarv12, updated more than 1 year ago
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Created by ermarv12 over 10 years ago
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Resource summary

Question 1

Question
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.
Answer
  • True
  • False

Question 2

Question
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.
Answer
  • True
  • False

Question 3

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

Question 4

Question
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.
Answer
  • True
  • False

Question 5

Question
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.
Answer
  • True
  • False

Question 6

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

Question 7

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

Question 8

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

Question 9

Question
At common law, a child under 7 was presumed to possess the mental capacity to form criminal intent.
Answer
  • True
  • False

Question 10

Question
The Fifth Amendment requires a grand jury indictment for any felony charge.
Answer
  • True
  • False

Question 11

Question
If a construction company damaged property while blasting, the company would be held strictly liable.
Answer
  • True
  • False

Question 12

Question
A statement is defamatory only if the speaker intended to injure the subject's reputation.
Answer
  • True
  • False

Question 13

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

Question 14

Question
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.
Answer
  • True
  • False

Question 15

Question
The function of a grand jury is to decide whether enough evidence exists to indict a criminal suspect for a crime.
Answer
  • True
  • False

Question 16

Question
A wrongful act can be both a crime and a tort.
Answer
  • True
  • False

Question 17

Question
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.
Answer
  • True
  • False

Question 18

Question
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.
Answer
  • True
  • False

Question 19

Question
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.
Answer
  • True
  • False

Question 20

Question
Libel is written defamation while slander is oral.
Answer
  • True
  • False

Question 21

Question
Someone who operates a legal business has a complete defense to the tort of nuisance.
Answer
  • True
  • False

Question 22

Question
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.
Answer
  • True
  • False

Question 23

Question
The greater the risk in a situation, the higher the duty of care.
Answer
  • True
  • False

Question 24

Question
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.
Answer
  • True
  • False

Question 25

Question
Not knowing you are on the land of another person is a complete defense to charges of trespass to land.
Answer
  • True
  • False

Question 26

Question
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.
Answer
  • Negligence per se
  • Res ipsa locquitur
  • Superseding cause
  • Contributory negligence

Question 27

Question
Non-violent crimes based on fraud and concealment are classified as ____________ crimes.
Answer
  • blue-collar
  • white-collar
  • strict liability
  • public nuisance

Question 28

Question
Defendant's failure to do what a reasonable and prudent person would do in his circumstances subjects Defendant to liability for
Answer
  • negligence
  • strict liability
  • fraud
  • all of the above

Question 29

Question
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?
Answer
  • The product was based on a state of the art design
  • The manufacturer exercised all reasonable care in the manufacture of the product
  • The user was not in privity of contract with the manufacturer
  • All of the above can be pled to reduce damages

Question 30

Question
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
Answer
  • immunity from prosecution
  • entrapment by the government
  • strict liability on the part of the tipper
  • government overreach

Question 31

Question
Seeking to overthrow the government by force of arms is the crime of
Answer
  • mayhem
  • treason
  • civil disorder
  • it is not a crime, but political expression protected by the First Amendment

Question 32

Question
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?
Answer
  • Frank has committed embezzlement
  • Frank has committed conspiracy
  • Frank has committed conversion
  • Frank has committed no torts or crimes because he had no knowledge the ring was stolen

Question 33

Question
Which of the following statements is true about the use of the reasonable person standard in negligence cases?
Answer
  • The reasonable person is presumed to have a minimal level of knowledge and common sense
  • The reasonable person of the standard takes on the physical characteristics of the defendant
  • The standard of care for the reasonable person would be less stringent in emergency situations
  • All of the above are true

Question 34

Question
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
Answer
  • breach of contract
  • interference with a contractual relationship
  • nuisance
  • conversion

Question 35

Question
For crimes that are serious felonies, the government gives the defendant notice of the charges against him in a(n)
Answer
  • true bill of indictment
  • no true bill of indictment
  • information
  • decree

Question 36

Question
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
Answer
  • personal culpability
  • primary liability
  • vicarious liability
  • retailing fraud

Question 37

Question
The damages awarded to a victim to make the victim "whole" are _____________ damages.
Answer
  • punitive
  • compensatory
  • non-economic
  • consequential

Question 38

Question
In most states, children under the age of ___________ cannot be held liable for negligence.
Answer
  • 7
  • 14
  • 16
  • 18

Question 39

Question
Ira signs Jill's name to the back of a check made out to her without Jill's authorization. Ira's act is
Answer
  • forgery
  • embezzlement
  • larceny
  • robbery

Question 40

Question
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
Answer
  • a dram shop act
  • a Good Samaritan act
  • negligence per se
  • res ipsa locquitur

Question 41

Question
Fred files a suit against Gail for conversion of property Fred asserts he owns. Gail will not be liable if she can show
Answer
  • Fred does not intend to use the property
  • Fred has no ownership interest in the property
  • Gail has no ownership interest in the property
  • Gail intended to return the property

Question 42

Question
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
Answer
  • extortion
  • embezzlement
  • forgery
  • robbery

Question 43

Question
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
Answer
  • does not have Betty's permission to drive onto the property
  • drives onto the property for recreational purposes
  • harms the property in a material way
  • harms the property in any way

Question 44

Question
Leo hears Mona falsely accuse Nick of stealing from their employer. The statement is defamatory
Answer
  • because a third party heard it
  • only if Nick suffers emotional distress
  • only if the statement is also published in the media
  • only if the statement was made in annoying manner

Question 45

Question
Holly is granted immunity after she agrees to testify about a crime. Holly has an absolute privilege agains self-incrimination and
Answer
  • can be prosecuted only for the crime about which she agreed to testify
  • cannot be prosecuted for any crime
  • cannot refuse to testify on Fifth Amendment grounds
  • can refuse to testify on Fifth Amendment grounds

Question 46

Question
Harry, a securities trader, is arrested in his employer's parking lot on suspicion of insider trading. Harry must be informed of his right
Answer
  • to trial by jury
  • to remain silent
  • to question witnesses
  • to challenge his punishment

Question 47

Question
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
Answer
  • one year
  • six months
  • ten years
  • thirty days

Question 48

Question
Another term for strict liability is
Answer
  • liability without fault
  • gross negligence
  • reckless misconduct
  • criminal negligence

Question 49

Question
The purpose of bail is to
Answer
  • insure the defendant shows up for trial
  • compensate victims of crimes
  • restrict the physical activities of the defendant before trial
  • all of the above are purposes of bail

Question 50

Question
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
Answer
  • did not actually shoplift
  • had not shoplifted in the past
  • had probable cause to leave the premises
  • was detained for an unreasonably long time
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