business law part 2

another name for an indictment is a/an: A. true bill B. arraignment C. information D. preliminary hearing

b. arraignment

"interpretative rules" are court-issued opinions concerning the rules of various agencies true false

false

Mala in se crimes are those crimes that are not morally wrong but are declared wrongful bu the court true false

false

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

false

a grand jury decision will result in a final judgement as to the guilt or innocence of the defendant true false

false

administrative hearings are held before a jury just as are court hearings true false

false

congress appoints and removes the chief administrators of federal administrative agencies true false

false

even if a defendants 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 true false

false

if negligence of the plaintiff and negligence of the defendant proximately caused the injury and damage sustained by the plaintiff, the plaintiff can recover some damages in those states where contributory negligence is still recognized true false

false

interpretative rules of administrative agencies are automatically binding of the private parties the agency regulates true false

false

murder is a mala prohibita type of crime true false

false

the "reasonable person standard" does not apply to children since they do not have the judgement, intelligence, knowledge, or experience of adults true false

false

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

false

the term "publicity" as used in the tort of public disclosure of private facts is interchangeable with the term "publication" as used in the law of defamation true false

false

there are more federal common law crimes than federal statutory crimes true false

false

Arthur offers bob, an employee of carl, a yearly salary of $10,000 more than bob receives under the contractual relationship between bob and carl. Arthur knows about the contract between bob and carl and knows that the contract should run for another five years, but Arthur wants Bob to work for him. Arthur probably is liable to Carl for intentional interference with contractual relations. true false

true

a blind person will be held to the standard of the reasonable blind person rather than that of the reasonable sighted person for purposes of determining negligence true false

true

administrative agencies establish rules, and then act as both prosecutor and judge in determining whether the rules have been violated true false

true

administrative agencies sometimes act as if they are judicial bodies true false

true

al, the bus driver on a cross-country greyhound, kisses susie, a passenger, while she sleeps. Al could be sued for battery true false

true

all federal crimes are statutory true false

true

brad doesn't like kent and especially dislikes kent's new felt hat, so he intentionally knocks it off kents head in order to embarrass kent. brad has committed a battery true false

true

compliance with a legislative enactment or administrative regulation does not prevent a finding of negligence if a reasonable person would have taken additional precautions to avoid harm true false

true

disparagement differs from defamation in that defamation pertains to personal reputation, whereas disparagement pertains to business interests true false

true

the tort of appropriation protects a persons exclusive right to exploit the value of her identify true false

true

a defendent who is indicted will next be: A. jailed B. tried C. arraigned D. prosecuted

A. jailed

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 bu placing it so close to the fence C. cal is liable because spraying pesticides in an abnormally dangerous activity D. cal is not liable for the damage because of contributory negligence

C. cal is liable because spraying pesticides is an abnormally dangerous avtivity

tort law: A. covers a tyoe of civil liability that is voluntarily assumed B. deals with only intentionally inflicted injuries C. gives persons relief from civil wrongs or injuries to their persons, property, and economic interests D. has a principal objective the punishment of the wrongdoer

C. gives persons relief from civil wrongs or injuries to their persons, property, and economic interests

Arthur fired a gun in the middle of the desert. He intended to fire the gun, but had reason to believe no one else was in the area. the bullet hit bob, who happened to be riding his ATV across the desert. A. arthur has committed the tort of assault B. arthur has committed the tort of battery C. it is unlikely that arthur has the necessary intent to commit a tort D. arthur has committed the tort of intentional infliction of emotional distress

C. it is unlikely that arthur has the necessary intent to commit a tort

Margi intentionally pushed keith into a fence negligently erected by sam around sams swimming pool. The fence caved in and keith nearly drowned Who is liable? A. sam because of his negligent conduct B. sam because margis conduct would be foreseeable C. margi because her intentional conduct was a superseding cause of the harm D. sam and margi because they both contributed to the harm

C. margi because her intentional conduct was a superseding cause of the harm

under the majority rule, how much force may an individual use to protect her property? A. as much as is necessary B. deadly force C. reasonable force but not deadly force D. all of the above are correct

C. reasonable force but not deadly force

where there has been informal rule making or informal adjudication by an administrative agency and the decision by that agency is then appealed to courts, the courts will generally apply what standard in reviewing factual determination? A. the unwarranted by the facts standard B. the substantial evidence standard C. the arbitrary and capricious standard D. the beyond a reasonable doubt standard

C. the arbitrary and capricious standard

the legislature may exercise control of administrative agencies in various ways. these are: A. through its budgetary power B. through the power to appoint and remove chief administrators C. by amending an enabling statute to increase, modify, or decrease an agency's authority D. (a) and (c) but not (b)

D. (a) and (c) but not (b)

administrative statutes issued by an agency are known as: A. legislative rules B. interpretive rules C. hybrid rules D. procedural rules

D. procedural rules

ricks driveway has potholes. he has been thrown from his bike several times because of them. if rick invites his biking friends for a barbecue, what must he do to escape liability for any harm to them? A. repair the potholes B. post signs saying "slow to 15 mph" C. nothing; its their risk D. telephone the friends to warn them about the potholes

D. telephone the friends to warn them about the potholes

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 childs age, intelligence, and experience D. two of the above, (b) and (c)

D. two of the above, (b) and (c)

the law affords a number of interests in the possession of personal property. these interests may be harmed by: A. a nuisance B. conversion C. intrusion D. disparagement

B. conversion

the SEC is investigating a major brokerage house for possible violations of federal law. it subpoenas records from the company, but the company refuses to provide them. which of the following is true? A. the SEC has no authority to compel disclosure of the information B. the SEC may apply to the courts for an order compelling disclosure C. under the APA, the SEC must first publish the subpoena in the Federal Register D. the SEC has no investigatory and enforcement power

B. the SEC may apply to the courts for an order compelling disclosure

the crime of larceny includes in it its definition: A. the non-trespassory taking and control of personal property B. the trespassory taking and control of personal property C. assault D. the taking and control of personal and real property

B. the trespassory taking and control of personal property

which of the following is not a principal objective of tort law? A. to compensate persons who sustain harm or loss resulting from anothers 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 farms and losses

B. to punish the person who committed the tort