Business Law Ch 5-8

Tim and Steve are roughhousing in Tim's parents front yard when Steve intentionally pushes Tim onto the neighbor's property. A) Tim is a trespasser B) Steve is a trespasser C) Tim and Steve are both trespassers D) None of the above

B) Steve is the trespasser

At the __________, the accused is informed of the charge against him and he enters his plea. A) preliminary hearing B) arraignment C) indictment D) information

B) arraignment

Which of the following statements is true about the tort disparagement? A) a person may recover and unlimited amount of monetary damages if his property is disparaged B) damages may be recovered for all expenses that are not necessary to counteract a false publication including the cost of notifying customers C) competitors do not have the right to compare their products to those of a rival D) all of these are correct

B) damages may be recovered for all expenses that are not necessary to counteract a false publication including the cost of notifying customers

The intentional dispossession or unauthorized use of the personal property of another is legally known as: A) conversion B) trespass to personal property C) fraud D) stealing

B) trespass to personal property

Cal sprayed pesticide on his crops in a very careful manner on a windless day. Nevertheless, some of the pesticide spray fell on his neighbors side of the fence and contaminated the cornmeal for the chickens. The chickens died and the neighbor sues. What is the likely result. A) Cal is not liable because he was not negligent in his spraying operation B) Cal is not liable because the neighbor assumed the risk of damage to the feed by placing it so close to the fence C) Cal is liable because spraying pesticide is an abnormally dangerous activity D) Cal is not liable for the damage because of contributory negligence

C) Cal i liable because spraying pesticide is an abnormally dangerous activity

Bodily contact that is harmful or offensive can give rise to the tort of: A) assault B) defamation C) battery D) appropriation

C) battery

intentional exercise of domain or control over another persons property is

Conversion

Mark is out sailing in his boat one evening when he hears a young girl crying for help in the middle of the river. Which of the following is true? A) Mark MUST help the girl or he will be liable for negligence B) Mark must help the girl ONLY if he knows her C) Mark MUST help the girl if he is the girl's uncle D) Mark MUST help the girl if he begins to rescue her and increases her danger

D) Mark MUST help the girl if he begins to rescue her and increases her danger

Administrative agencies have power similar to which branch of government? A) legislative B) executive C) judicial D) all of these

D) all of these

Which of the following can be raised as a defense to a claim of defamation? A) that the statement was true B) that there was a constitutional privilege to comment about the plaintiff who is a public figure and that the statement was made without malice C) that there was a conditional privilege to publish defamatory matter in order to protect legitimate self-interests D) all of these

D) all of these

Making a threat for the purpose of obtaining money or property

Extortion

A defendant will be liable for all harm that can be traced back to the defendants negligence

False

Administrative agencies do not have the checks and balances of other branches of government

False

An administrative hearing may be tried to an administrative judge or jury.

False

Contributory negligence is a defense to strict liability

False

Even if a defendant's own negligent conduct created an emergency, he will not be liable for the consequences of the conduct if he acted with care in the resulting emergency situation

False

Punitive damages are another form of compensatory damages

False

RICO provides for criminal penalties, but contains no provision for civil penalties

False

Robbery is larceny, but larceny is not robbery

False

The 5th Amendment protects individuals against unreasonable search and seizures

False

The doctrine of superseding cause is not a defense in negligence cases

False

The law of torts is primarily made up of statutory law

False

land, buildings, trees and minerals are examples of

Real property

A blind person will be held to the standard of the reasonable blind person rather than that of the reasonable slighted person for purposes of determining negligence

True

Administrative law is a branch of public law

True

Agencies have been described as the fourth branch of government

True

In exercising judicial review, the court may decide to compel agency action that has been unlawfully withheld by the agency.

True

Interpretive rules are agency-issued statements that explain how the agency construes its governing statute.

True

Res ipsa loquitor permits the jury to infer both negligent conduct and causation

True

Rules issued by a government agency can have the same force and effect as legislative statutes

True

The American Law Institute's Model Penal Code provides that a corporation may be held liable for a crime if the offense was perpetrated by a high corporate officer or authorized by its broad directors

True

Tort liability in involuntarily assumed

True

Vicarious liability is liability imposed upon one person for the act of another

True

The formal procedure by which an agency resolves a matter is called

adjudication

false communication that injures a persons reputation

defamation

Adjudication involved:

finding facts, applying legal rules to facts, and formulating orders.

What was the purpose of the RICO Act?

get organized crime out of good businesses

The Sunshine Act requires:

meetings of federal agencies to be open to the public

mala in se

morally wrong

What is White Collar Crime

nonviolent crime involving deceit

mala prohibita

not morally wrong, but wrongful by law

For a crime to be larceny, it must meet which of the following conditions? A) trespassing B) taking and carrying away, or asserting control, over personal property of another C) intending to deprive the victim permanently of the property taken D) all of these

B) taking and carrying away, or asserting control, over personal property of another

The fifth Amendment and the _______ Amendment prohibit deprivation of life or liberty without due process of law A) sixth B) fourth C) fifteenth D) fourteenth

D) fourteenth

Appropriation is the unreasonable interference with the seclusion of another

False

In most states, a jury may award punitive damages if a defendant's tortious conduct is intentional and outrageous, but the amount must not be grossly excessive

True

Which of the following is not a principal objective of tort law? A) to compensate persons who sustain harm or loss resulting from another's conduct B) to punish the person who committed the tort C) to place the cost of compensating victims only on those parties who should bear it D) to prevent future harms and losses E) all of the above

B) to punish the person who committed the tort

The _______ is the federal public records statute requiring most records in agency files to be open to the public. A) ALJ B) Government in the Sunshine Act C) FOIA D) APA

C) FOIA

The tort of ________ is a false communication which injures a person's reputation and good name by disgracing him and diminishing the respect in which he is held. A) false light B) intrusion C) defamation D) disparagement

C) defamation

When law enforcement official induces a person to commit a crime, the person may use a defense of: A) duress B) mistake of fact C) entrapment D) defense of person

C) entrapment

If a business enterprise is convicted under the RICO Act then: A) individuals involved are subject to prison in terms of up to (10) years plus a fine of $25,000 per RICO violation B) the business must forfeit all of its property C) individuals who were harmed by an enterprise's RICO violations may sue under the ACT's civil remedy D) all of these are correct

C) individuals who were harmed by an enterprise's RICO violations may sue under the ACT's civil remedy

In most states, the possessor of land owes the greatest duty of care to which of the following? A) licensee B) trespasser C) invitee D) duty of care applies the same to all of these

C) invitee

A radio broadcast that meets the test of defamation may also be categorized as: A) false light B) slander C) libel D) intrusion

C) libel

Mark carefully plots a course of action to embezzle $100,000 from his employer, Sue. He is fired before he ever gets the chance to put the plan in action. In cleaning out his desk, Sue finds his plan. Mark is: A) guilty of a crime because he intended to carry it out B) guilty of a crime because he had a "guilty mind" C) not guilty because he did not act on his plan D) not guilty because he is no longer employed by Sue

C) not guilty because he did not act on his plan

Henry was burning leaves in his backyard. One of the burning leaves was lifted by the wind into Bob's yard next door. In landed on the lawn mower which exploded, setting fire to the wooden lawn furniture. Henry's best argument against liability to Bob would be: A) the leaf was not a substantial factor in causing the damage B) the gasoline in the lawn mower is an intervening cause of the damage C) that is not foreseeable that the lawn mower would explode D) the damage was not caused by the leaf but by the gasoline

C) that is not foreseeable that the lawn mower would explode

Which of the following is correct with respect to a grand jury? A) the grand jury decides the ultimate guilt or innocence of the defendant if the case involves certain statutory amount of money B) the grand jury hears the testimony of the defendant C) the grand jury issues an indictment if it finds sufficient evidence to justify a trial on the charges alleged D) all of the above

C) the grand jury issues an indictment if it finds sufficient evidence to justify a trial on the charges alleged

The President has significant control over administrative agencies housed within the executive branch by virtue of his power to: A) issue executive orders B) appoint and remove the chief administrator of those agencies C) impound moneys appropriated to the agency by Congress D) do all of these

D) do all of these

The federal Government in the Sunshine Act: A) requires the meetings of many federal agencies to be open to the public B) applies to the multi-member bodies whose members in the president appoints with the advice and consent of the Senate C) allows agencies to generally close meetings on the same grounds upon which they may refuse disclosure of records under the Freedom of Information Act D) does all of these

D) does all of these

The Hometown News snapped a picture of Tim, a local teenager, as he was sleeping under a tree in the park on a warm spring day. They printed the picture on the front page of the paper, and the caption read "Youth Enjoys Warm Spring Day" A) The Hometown News is guilty of intrusion B) The Hometown News is guilty of false light C) The Hometown News is guilty of appropriation D) It is unlikely that the Hometown News is guilty of any tort.

D) it is unlikely that the hometown news is guilty of any tort

Which of the following is not an element required for negligence that the plaintiff must prove? A) breach of duty of care B) proximate cause C) injury D) none of these

D) none of these

Which of the following is correct with respect to the reasonable person standard? A) it makes allowance for mental deficiency B) it makes allowance for physical disability C) it applies an individualized test to children that takes into consideration the child's age, intelligence, and experience D) two of the above, (b) and (c).

D) two of the above

In general, a crime consists of only one element, actus reus (the wrongful act).

False

In order to Sue for battery, a plaintiff must prove that he or she has received a physical injury

False

Individuals may use deadly force to protect their property from intruders

False

Mala in se crimes are those crimes that are not morally wrong but are declared wrongful by the court

False

Strict liability is a tort doctrine based on negligence

False

The owner of land is liable to trespassers for failure to maintain the land in a reasonably safe condition

False

The primary purpose of tort law is to punish the wrongdoer

False

Brad does not like Kent and especially dislikes Kent's new felt hat, so he intentionally knocks it off Kent's head in order to embarrass Kent/ Brad has committed battery.

True

3 basic functions that administrative agencies perform

1) rulemaking 2) enforcement 3) adjudication of controversies

3 ways to show intent

1) subjective 2) objective 3) liability without fault

Anita tells Bob that unless Bob pays her $5,000, she will tell his customers that he was once arrested for shoplifting as a teenager. The fact that Bob shoplifted as a teenager is true. A) in most jurisdictions Anita has committed the crime of extortion B) Anita has committed the crime of defamation C) Anita has committed the crime of bribery D) in all jurisdictions in the United States, Anita would have been to have received the money from Bob to be charged with the crime

A) in most jurisdictions Anita has committed the crime of extortion

If a statute is found to be applicable to a fact situation, then the courts will hold that an unexcused violation of that statute which causes an injury to another is: A) negligence per se B) assumption of the risk C) strict liability D) res ipsa loquitur

A) negligence per se

The 4th Amendment of the Constitution: A) prohibits unreasonable search and seizure B) requires a speedy trial C) prevents double jeopardy D) does all of these

A) prohibits unreasonable search and seizure