BUSINESS LAW TEST 2

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Barbara is selling her car. She knows that the brakes do not work. When a potential buyer asks Barbara if there are any problems with the car, Barbara assures the buyer that there are no problems. The buyer purchases the car based on the assurance that there is nothing wrong with it. The buyer may be able to sue Barbara for

Fraudulent misrepresentation

Jane develops a new color of lipstick. To market her lipstick, Jane uses a computer design program to show a famous model using Jane's lipstick. Jane does not ask the model's permission. The model can sue Jane for

Appropriation

Bribing foreign officials to obtain favorable business contracts is not a crime

False

Defamation is one person's use of another's name without permission

False

Fraud occurs only when there is reliance on a statement of opinion

False

In some states, misdemeanors are punishable by imprisonment for up to 10 years

False

Larceny relies on fear and force

False

Statements made by in judicial proceedings are NOT privileged communications and may be the basis for defamation

False

The courts consider legitimate competitiveness behavior permissible only if it does not result in the breaking of a contract.

False

The crime of theft requires the raking of property, without regard to whether the perpetrator knew it belonged to another

False

To avoid liability for negligence, a business owner must protect its patrons against all risks

False

To avoid liability for negligence, a business owner must protect its patrons against all risks.

False

To commit an intentional tort, one person must intend to harm a certain person

False

Under the theory of negligence, the duty of care requires a careless act.

False

Mariah takes off her ring and places it on her desk while she works. Without her knowledge or consent, her coworker Nita picks up the ring, puts it on, and walks away. Nita has likely committed

Larceny

Susan is unhappy with the way her mother has made out her will. Susan has a lawyer draft a new will and then signs her mother's name to it without her mother's consent. Susan has committed

Forgery

Mona offers Ned, a building inspector, money to overlook the violations in her new warehouse. Ned accepts the money and overlooks the viola¬tions. Mona is charged with the crime of bribery. The crime occurred when

Mona offered the bribe

Mike is arrested at a warehouse in north industrial park and is charged with the crime of theft. Mike will be prosecuted by

A public official

Davis points a gun at Eton, threatening to shoot him if he does not steal from his employer, Freddy's Convenience Store, and give the stolen funds to Davis. Charged with theft, Eton can successfully claim, as a defense

Duress

Liz trespasses on Mega Corporations property. Through the use of reasonable force, Mega's security guard Ned detains Liz until the police arrive. Mega is liable for

None

Mary enters a gas station and points a gun at the clerk. She then forces the clerk to open the cash register and give her all the money. Mary can be charged with

Robbery

Vance points a gun at Workman, threatening to shoot him. Workman hits Vance, causing his death. Charged with homicide, Workman can successfully claim as a defense

Self defense

Jackie distributes a handbill throughout her neighborhood accusing her neighbor Ked of being a convicted sex offender. The statement is defamatory if

The statement is false

Jake is charged with embezzlement. Embezzlement may be committed without

The use of force or fear

A criminal case must be proved beyond a reasonable doubt

True

A hacker is someone who uses one computer to break into another

True

Class action law suits are suits in which a number of persons join together to bring an action

True

Class action law suits in which a number of persons join together to bring an action

True

Class action lawsuits are suits in which a number of persons join together to bring an action

True

Corporations, like persons, can be liable for crimes.

True

Crimes occurring in a business context are popularly referred to as white collar crime

True

One purpose of criminal sanctions is a deter others from committing similar crimes in the future

True

One purpose of criminal sanctions is to deter other from committing similar crimes in the future

True

The courts consisted legitimate competitive behavior permissible only if it does not result in the breaking of a contract

True

The crime of bribery occurs when the bribe is offered

True

The public disclosure of private facts about a person is an invasion of privacy

True

The use of a person's likeness for commercial purposes without permission is appropriation.

True

The use of a persons likeness for commercial purposes without permission is appropriation

True

Through tort law, society compensates those who suffer injuries as a result of others' wrongful conduct.

True

Under the exclusionary rule, all evidence must be included in a criminal prosecution.

True

Roger wants Andy to work late on a project. He tells Andy that the morally correct thing to do is to stay late at the office and work on the project. Andy feels obligated to stay and work late due to the moral pressure from Roger. Andy stays late at the office, even though he does not want to. Andy can sue Roger for

no tort

Mary enters a gas station and points a gun at the clerk. She then forces the clerk to open the cash register and give her all the money. Mary can be charged with

robbery

Ludwig receives from Milo a marimba stolen from Nadine. To be criminally liable, Ludwig must know

that the marimba is stolen and Ludwig must intend to keep it.

Mary is angry with Julia so she waits outside Julia's house and hits Julia with a baseball bat as Julia leaves the house. When Julia sues Mary for battery, Mary will be considered a

tortfeasor


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