[COMPLETE] Business Law CH. 6-9 SB & Key Terms
free trade agreement
An international agreement between two or more nations whereby tariffs and other trade barriers are reduced and gradually eliminated.
New York Convention
An international agreement governing the use of arbitration as a method of resolving private international disputes.
World Trade Organization (WTO)
An international organization that facilitates international cooperation in opening markets and provides a forum for future trade negotiations and the settlement of international trade disputes.
strict-liability offense
An offense for which no mens rea is required.
Serious and costly business scandals led to the passage of a federal statute known as the Sarbanes-Oxley Act. One specific profession targeted by the Act is: _______.
registered public accounting
Lex mercatoria has established its law based on: _______.
customs or trade usages of merchants in foreign states that were developed to facilitate business transactions
One plaintiff's doctrine that literally means "the thing speaks for itself" is known as: _______.
res ipsa loquitor
national treatment
A GATT principle of trade law that prohibits WTO member states from regulating, taxing, or otherwise treating imported products any differently from domestically produced products.
normal trade relations
A GATT principle of trade law which requires that WTO member states treat like goods coming from other member states on an equal basis.
contributory negligence
A defense to negligence whereby the defendant can escape all liability by proving that the plaintiff failed to act in a way that would have protected him or her from an unreasonable risk of harm and that the plaintiff's negligent behavior contributed in some way to the plaintiff's accident.
Breach of duty in a negligence case refers to _______.
A failure to live up to the standard of care a reasonable person owes to others.
information
A finding by a magistrate that there is enough evidence to charge the defendant and bring her or him to trial.
indictment
A finding by the grand jury that there is evidence to charge the defendant and bring him or her to trial.
petit jury
A group of 6 to 12 citizens who are summoned to court and sworn in by the court to hear evidence presented by both sides and render a verdict in a trial.
embezzlement
A wrongful conversion of another's funds or property by one who is lawfully in possession of those funds or that property.
True or false: John had too many drinks at the local bar and, while driving home, struck and injured a pedestrian. When John is charged with operating under the influence, he can raise the defense of involuntary intoxication to avoid criminal responsibility.
False
True or false: Molly is a waitress at the local diner. She is carrying a heavy tray full of very hot food. While she is carrying the tray, she suffers a heart attack and drops the tray burning a customer as she falls. Molly's actions are an example of negligence.
False
True or false: Typically, a petty offense carries a penalty of at least one year in prison.
False
When negligence per se applies, the plaintiff is required to show that a reasonable person would exercise a heightened duty of care toward the plaintiff.
False
Identify the differences between criminal and civil cases. (Check all that apply.)
In criminal cases, the government is the prosecutor, whereas in civil cases, the plaintiff can be an individual. In criminal cases, the objective is punishment, whereas in civil cases, the objective is to remedy a wrong done to the plaintiff.
Which of the following is true in regards to the Fourth Amendment's protections for individuals?
The safeguard against unreasonable searches and seizures along with restrictions on warrants.
In _____ systems, the legislative branch has the ultimate authority.
civil law
In a(n) ______ law system, the courts develop rules governing areas of law.
common
The _______ systems originated from the English legal system.
common law
Money damages awarded in civil courts to repay a plaintiff for damages caused by the defendant are __________ damages.
compensatory
The tort of disparagement is similar to ______.
defamation
What type of negligence is used in Germany when the defendant is unaware that the act constitutes an offense or unaware that the act is occurring at all?
Unconscious negligence.
Under the Sarbanes-Oxley Act, securities fraud is a felony punishable by ______ in prison.
Under the Sarbanes-Oxley Act, securities fraud is a felony punishable by ______ in prison.
Intentional torts occur when the ______ takes an action intending certain consequences or knowing they are likely to result.
defendant
To establish proximate cause in a negligence claim, it is necessary to prove that the
defendant could reasonably foresee that his or her actions would cause the harm that the plaintiff suffered.
Tort law contributes to maintaining order because it ______ private retaliation by injured persons and their friends.
discourages
A strict-liability crime: _______.
does not require a guilty state of mind on the part of the corporation
Tort law consists of which of the following?
a wrong or injury to another, other than a breach of contract
Legal excuses for criminal behavior are known as ______ defenses.
affirmative
If a person uses an explosive device in order to destroy a competitor's building, this is known as _______.
arson
A grocery store had just had one of its employees mop up some spilled milk. The floor was wet, and the employee put several cones around the wet floor with a tape surrounding the perimeter of the wet floor. There were several signs specifically warning customers that the floor was wet and slippery. One irate customer stepped over the tape and entered the zone that was taped off. Sure enough, he slipped and fell to the floor, suffering a broken arm. The customer sued the store for negligence. The best defense for the store is: _______.
assumption of the risk
A state law requires that attorneys must treat their clients' payments appropriately by placing them in a separate client account and sending the clients a report of their accounts. These legal requirements are regarded as: _______.
a duty of care
In a criminal trial, the _____ files a case against the defendant.
government
Tariffs are taxes that are placed on: _______.
imported goods
In a strict liability case, a defendant is liable if the plaintiff can show the activity (1) involves a risk of serious injury or harm to others, (2) is so inherently dangerous that it cannot ever be safely undertaken, and (3) is not normally undertaken: ______.
in the community
The President of ARC Corporation asked his 16-year-old summer intern, Jarrod, to send out a bulk mailing designed to entice consumers to provide sensitive financial information to the company for use in a credit scheme. If Jarrod is charged, along with other corporate executives, for mail fraud, Jarrod's attorney should raise the defense of: _______.
infancy
For an intentional tort to occur, the plaintiff must show the common element of _______.
intent
Torts against persons, torts against property, and torts against economic interests are known as _____ torts.
intentional
During an office holiday party, Jacob puts a drug into the drink of Mark, the manager, who becomes incoherent. Mark leaves the party, removes $1,000 from petty cash, and spends it on personal items that evening. When Mark is charged with embezzlement, he may be able to raise the defense of ______ intoxication.
involuntary
A multimillion dollar U.S. project to construct a suspension bridge is in progress. Landmark, Co. in Sweden shares both profits and responsibilities for the project with Liberty Bridges, Inc., a firm based in the United States. This scenario is an example of a
joint venture.
Potential defenses a criminal defendant may raise to offset the criminal element of intent and avoid conviction are: _______. (Check all that apply.)
mistake of fact infancy duress
The Fifth Amendment privilege against self-incrimination applies to: _______.
natural persons
Mark owned a delicatessen where he served sandwiches and soups to his customers. The local health codes required Mark to completely clean and sterilize his grill on a daily basis. Mark was too lazy to do this and the result was that bacteria on the grill contaminated the meat and several customers got sick. The type of negligence that this represents is: _______.
negligence per se
Res ipsa loquitor and negligence per se are designed to help plaintiffs sue for negligence when there are no witnesses to the conduct or where evidence of the negligence is destroyed. These types of negligence are known as: _______.
plaintiff's doctrines
The concept of jurisdiction means specifically analyzing the: _______.
power of a particular court to hear and resolve a case
Jarrod went out one evening into an area of town known for the availability of prostitution. As he strolled down the street looking around for companionship, a woman approached and offered to provide services. Unbeknownst to Jarrod, the woman was an undercover police officer. Jarrod offered to pay her $100 for sex. Jarrod will not be successful in raising entrapment as an affirmative defense because, under the circumstances, he was ______ to commit the act.
predisposed
In order to obtain an arrest warrant from the magistrate, the law enforcement officer must show _____ that the suspect either committed or is planning to commit a crime.
probable cause
To obtain a search warrant in order to inspect business records, the government must demonstrate: _______.
probable cause
The Racketeer Influenced and Corrupt Organizations Act (RICO) has been an effective federal statutory tool in addressing: _______. (Check all that apply.)
provision of illegal goods and services securities fraud bribery
In situations where a defendant is proved to have committed gross negligence, _______ damages may be awarded to the plaintiff which are not typically awarded in negligence cases.
punitive
The tort of trespass to _______ is also called trespass to real property.
realty
The plaintiff uses the doctrine to allow the judge or jury to infer that, more likely than not, the defendant's negligence was the cause of the plaintiff's harm even though there is no direct evidence of the defendant's lack of due care.
res ipsa loquitur
Agent Don Smith of the Federal Bureau of Alcohol, Tobacco, Firearms and Explosives has a reasonable suspicion that a small printing business in the downtown area is selling handguns without a license. In order to arrest the owner, Agent Smith will have to: _______.
show probable cause exists to obtain an arrest warrant
In order to obtain corporate records during a criminal investigation, it is usually necessary to obtain a(n) ______ from the grand jury.
subpoena
Tom was in charge of the demolition of a large high-rise building. The blasting was to take place the next day and in preparation for the blast, Tom had moved all of the explosives to the site. The explosives were stored under lock and key in a trailer used by the demolition crew. That night there was a horrible storm and a bolt of lightening struck the trailer, setting off the explosives. The trailer was blown up and shards of the trailer were sent flying for miles. One of the shards struck a pedestrian five blocks from the blast causing some serious lacerations. The pedestrian sued the demolition company for negligence. The best defense of the demolition company is: _______.
superseding cause
If a defendant is not informed of his or her Miranda rights,
the information provided by the defendant at the time of arrest will not be admissible at trial.
mistake of fact
(1) A mistake that is not caused by the neglect of a legal duty by the person committing the mistake but, rather, consists of unconscious ignorance of a past or present material event or circumstance. (2) An affirmative defense in which the defendant tries to prove that she or he made an honest and reasonable mistake that negates the guilty-mind element of a crime.
fraud
(1) An intentional deception that causes harm to another. (2) A basis for contesting a will if the testator relied on false statements when he or she made the will.
affirmative defense
A defendant's response to a plaintiff's claim in which the defendant attacks the plaintiff's legal right to bring the action rather than attacking the fact of the claim or making excuses for unlawful behavior. Common affirmative defenses are expiration of the statute of limitations, mistake of fact, intoxication, insanity, duress, and entrapment.
Actus Reus
Latin for "guilty act;" a wrongful behavior that is associated with the physical act of a declared crime.
In what ways can disputing parties resolve an issue relating to an international transaction? (Check all that apply.)
Negotiation, mediation, or conciliation Litigation or arbitration
What are examples of countries that use the Socialist Legal System? (Check all that apply.)
North Korea Cuba
white-collar crime
A variety of nonviolent illegal acts against society that occur most frequently in the business context.
dumping
The practice wherein an exporter sells products in a foreign state for less than the price charged for the same or comparable goods in the exporter's home market.
What is the primary objective of tort law?
To provide compensation for injured parties
Keeping animals that have not been domesticated can result in strict liability.
True
Res ipsa loquitur allows a judge or jury to infer that the defendant's negligence was, more likely than not, the cause of the plaintiff's harm.
True
The primary purpose of criminal law is to punish an offender for causing harm to the public health, safety, or morals.
True
The severity of potential harm is a factor in determining whether a reasonable person would have owed a duty to others.
True
bench trial
A trial before a judge, with the judgment decided by the judge rather than a jury; occurs when the defendant has waived his or her right to a jury trial.
The Bill of Rights are amendments to the ______.
U.S. Constitution
fraudulent misrepresentation
(1) The tort that occurs when a misrepresentation is made with intent to facilitate personal gain and with the knowledge that it is false. (2) In contracts, a false representation of a material fact that is consciously false and is intended to mislead the other party. Also called intentional misrepresentation.
disparagement
A business tort that occurs when a statement is intentionally used to defame a business product or service.
trade libe
A business tort that occurs when false printed statements criticize a business product or service and result in a loss of sales.
slander of title
A business tort that occurs when false published statements are related to the ownership of the business property.
slander of quality
A business tort that occurs when false spoken statements criticize a business product or service and result in a loss of sales.
intentional tort
A civil wrong resulting from an intentional act committed on the person, property, or economic interest of another. Intentional torts include assault, battery, conversion, false imprisonment, intentional infliction of emotional distress, trespass to land, and trespass to chattels.
strict-liability tort
A civil wrong that occurs when a defendant takes an action that is inherently dangerous and cannot ever be undertaken safely, no matter what precautions the defendant takes. The defendant is liable for the plaintiff's damages without any requirement that the plaintiff prove that the defendant was negligent.
battery
A civil wrong that occurs when one person intentionally and voluntarily brings about a non-consented harmful or offensive contact with a person or something closely associated with him or her. Battery requires an actual contact.
assault
A civil wrong that occurs when one person intentionally and voluntarily places another in fear or apprehension of an immediate, offensive physical harm. Assault does not require actual contact.
negligent tort
A civil wrong that occurs when the defendant acts in a way that subjects other people to an unreasonable risk of harm (i.e., the defendant is careless, to someone else's detriment). Negligence claims are usually used to achieve compensation for accidents and injuries.
virus
A computer program that rearranges, damages, destroys, or replaces computer data.
pure comparative negligence
A defense accepted in some states whereby the defendant is not liable for the percentage of harm that he or she can prove can be attributed to the plaintiff's own negligence.
private nuisance
A nuisance that affects only a single individual or a very limited number of individuals.
Under which of the following circumstances does the tort of trespass to realty not occur?
A person causes an object to be placed on the land of another WITH the landowner's permission.
tortfeasor
A person who commits an intentional or through-negligence tort that causes a harm or loss for which a civil remedy may be sought.
intrusion on an individual's affairs or seclusion
A physical, electronic, or mechanical intrusion that invades someone's solitude, seclusion, or personal affairs when he or she has the right to expect privacy. The tort occurs at the time of the intrusion; no publication is necessary.
nolo contendere
A plea in which the defendant does not admit guilt but agrees not to contest the charges.
public disclosure of private facts
A privacy tort that occurs when a person publishes a highly offensive private fact, such as information about one's sex life or failure to pay debts, about someone who did not waive his or her right to privacy.
tariff
A tax levied on imported goods.
The two basic elements of a crime include which of the following?
Actus reus and mens rea.
booking
After an individual is arrested, the procedure of recording the name of the defendant and the alleged crime in the investigating agency's or police department's records.
gross negligence
An act committed with extreme reckless disregard for the property or life of another person.
involuntary intoxication
An affirmative defense in which the defendant claims that she took the intoxicant without awareness of its likely effect, mistook its identity, or was forced to ingest it and that it left her unable to understand that the act committed was wrong.
necessity
An affirmative defense in which the defendant tries to prove that he or she was acting to prevent imminent harm and that there was no legal alternative to the action the defendant took.
insanity
An affirmative defense which claims that the defendant had a severe mental illness when the crime was committed that substantially impaired his or her capacity to understand and appreciate the moral wrongfulness of the act.
foreign sales representative
An agent who distributes, represents, or sells goods on behalf of a foreign seller, usually in return for the payment of a commission.
plea bargain
An agreement in which the prosecutor agrees to reduce charges, drop charges, or recommend a certain sentence if the defendant pleads guilty.
Dispute Settlement Understanding
An agreement that is part of the WTO system whereby recognized governments of WTO member states may bring an action alleging a violation of GATT by other member states.
joint venture
An association between two or more parties wherein the parties share profits and management responsibilities with respect to a specific project.
unfortunate accident
An incident that simply could not be avoided, even with reasonable care.
Convention on Contracts for the International Sale of Goods (CISG)
An international agreement applicable to transactions involving the commercial sale of goods.
North American Free Trade Agreement (NAFTA)
An international agreement between the United States, Canada, and Mexico whereby tariffs and other trade barriers will be reduced and gradually eliminated.
Corporations cannot be held criminally accountable for strict-liability offenses under current law.
False
Negligent torts involve willfully refusing to exercise extraordinary care to protect another's person or property.
False
probable cause
Any essential element and/or standard by which a lawful officer may make a valid arrest, conduct a personal or property search, or obtain a warrant.
nontariff barrier
Any impediment to international trade other than tariffs.
duress
Any unlawful act or threat exercised on a person whereby the person is forced to enter into an agreement or to perform some other act against his or her will.
Which of the following is a method disputing parties can use to resolve an international transaction issue?
Arbitration
Which of the following is true about the arbitration process? (Check all that apply.)
Arbitration is a type of ADR (Alternative Dispute Resolution). Arbitration is officiated by a private nonofficial person.
If a United States company has a dispute with a company from Norway and conciliation does not resolve the dispute, the two businesses may pursue an adversarial option to resolve the dispute. Which of the following methods may the companies choose?
Arbitration.
Which tort occurs when one person places another in fear or apprehension of an immediate, offensive bodily contact?
Assault
Which of the following is not a way to calculate tariffs?
Based on a direct vote of the state's population through referendum
Which of the following is an example of torts against persons?
Battery
negligence
Behavior that creates an unreasonable risk of harm to others.
Most constitutional safeguards designed to protect criminal defendants are found in the ________.
Bill of Rights
_______ is the offering, giving, soliciting, or receiving of money or any object of value for the purpose of influencing the judgment or conduct of a person in a position of trust. By contrast, _____ is the making of threats for the purpose of obtaining money or property.
Bribery; extortion
Actual cause is also known as ______.
Cause in fact
What is the most common legal system in the world?
Civil law system
Which of the systems are derived from Roman law?
Civil law systems
What serves as the sole official source of law in a civil law system?
Codes
Smith, the CEO of a steel company, wanted to win the tender to supply steel rods for a reputed real estate company. Hence, he paid money to an executive of the real estate company to disclose the dollar amounts of other competing bids so that his company could offer a better bid. What is this crime referred to as?
Commercial bribery
______ law allows individuals to understand the general purposes of law and have a more critical view of their own laws.
Comparative
punitive damages
Compensation awarded to a plaintiff that goes beyond reimbursement for actual losses and is imposed to punish the defendant and deter such conduct in the future. Also called exemplary damages.
Which of the following type of damages is designed to compensate the victim for all the harm caused by the person who committed the tort?
Compensatory
computer crime
Crime that is committed using a computer.
True or False: Lex mercatoria relies on code passed by legislatures and judicial decisions rendered by a state's judges.
False
Which of the following is not a typical type of compensatory damage?
Damages to punish the defendant for wrongdoing.
What is the first step in litigation?
Determine whether the selected court has jurisdiction.
Which of the following torts involve making a false statement? (Check all that apply.)
Disparagement Defamation
Greg found out that Louise was using company funds to pay off gambling debts. Greg confronted Louise and was threatened by Louise that if he did not help him continue to skim company funds, he would have his friends "take care of Greg and his pretty little family" and showed him a gun. Once Louise is caught and charged with a crime, he also implicated Greg. Greg could claim which defense to his unwillingness to participate in the criminal activity?
Duress
The ______ Amendment protects against excessive bail.
Eighth
Bank teller Hugo receives $1,000 from a customer for deposit into the customer's bank account. Instead of placing the money into the customer's account, Hugo puts it into his pocket. Which of the following offenses has he committed?
Embezzlement
A defendant can use the _______ defense if the idea for a crime originated not with the defendant but with a police officer or other government official who suggested it to the defendant, and the defendant would not otherwise have committed the crime.
Entrapment
Which of the following is not a commonly recognized objective of tort law?
Establish, through judicial precedent, a uniform criminal code
Which of the following protections does the Eighth Amendment of the Constitution offer? (Check all that apply.)
Excessive bail shall not be required. Excessive fines shall not be imposed. Cruel and unusual punishments shall not be inflicted.
According to the case United States v. Park, corporate executives cannot be held accountable for crimes due to their failure to act.
False
An employee who chooses to file suit against their employer for defrauding the government under the ______ Claims Act will receive protection from employer retaliation as a whistleblower. Listen to the complete question
False
China punishes embezzlement and bank fraud less severely than the U.S.
False
The word "tort" means which of the following?
It is a French word meaning "wrong."
strict liability
Liability in which responsibility for damages is imposed regardless of the existence of negligence. Also called liability without fault.
___________, a defense to a crime, says the crime was necessary to prevent a more severe crime from occurring.
Necessity
Which of the following is proven when a defendant's violation caused a plaintiff to suffer from a type of harm that a statute or regulation was created to prevent?
Negligence per se
A defendant is found liable for causing cancer due to the dumping of toxins into the river. The court awards a plaintiff who was sick $5 million in damages, in addition to compensating the plaintiff for all medical costs, lost wages, pain and suffering, and actual losses. The $5 million award is intended to ensure the company never dumps toxins again. The $5 million is an example of what type of damages?
Punitive
Which of the following damages are awarded to deter similar activity by the defendant and others?
Punitive
Which of the following damages are awarded to punish conduct that is extremely outrageous?
Punitive
Which of the following is a federal crime-fighting law?
RICO
What was the final result on appeal in the Case Opener involving whether the doctrine of res ipsa loquitur applied to the lawsuit brought against landowners after the plaintiff fell through a wooden dock located on the defendants' property?
That the doctrine of res ipsa loquitur applied.
In order to rely upon the defense of contributory negligence, what must a defendant prove?
That the plaintiff's conduct fell below the standard of care needed to prevent unreasonable risk of harm and also that the plaintiff's failure was a contributing cause to the plaintiff's injuries.
Which of the following are criminal cases? (Check all that apply.)
The EPA has filed charges against Mavrex Corp. for illegal disposal of chemicals. The U.S. Attorney's office has filed charges against an individual for tax fraud.
Which of the following acts protect an employee from retaliation when the employee report fraud against the government?
The False Claims Act
U.S. company Candlon, Inc. is seeking to establish its business in a foreign country. The foreign country's current government is not inclined to let Candlon open a factory there. A candidate for prime minister of the country, however, is friendly toward U.S. businesses and is likely to allow Candlon to establish its business there. Candlon makes a large contribution to this candidate's campaign. Candlon has likely violated which of the following laws?
The Foreign Corrupt Practices Act (FCPA)
unfair competition
The act of competing with another not to make a profit but for the sole purpose of driving that other out of business.
Which of the following is a condition required for the imposition of strict liability?
The activity is so inherently dangerous that it cannot ever be safely undertaken.
Assuming res ipsa loquitur is established, what is the effect of that doctrine?
The burden of proof shifts to the defendant.
Which of the following is not an element of criminal fraud?
The damages must be $500 or greater
An airplane runs off a runway and into a river because of the negligence of the airline. Some bystanders observe the crash and jump into the water to help save crash survivors. If any of the bystanders are injured while attempting to save the survivors, under which doctrine can the court hold the airline liable for their injuries?
The danger invites rescue doctrine
Under the Sarbanes-Oxley Act, which of the following is true regarding the destruction of documents in a federal bankruptcy investigation?
The destruction of documents in a federal bankruptcy investigation is a felony with possible sentences of up to 20 years in jail.
actual cause
The determination that the defendant's breach of duty resulted directly in the plaintiff's injury.
At trial a defense lawyer states that evidence should not be admitted because it is "fruit of the poisonous tree." Upon which of the following is the attorney relying?
The exclusionary rule.
vicarious liability
The liability or responsibility imposed on a person, a party, or an organization for damages caused by another; most commonly used in relation to employment, with the employer held vicariously liable for the damages caused by its employees.
comparative law
The study of the legal systems of different states.
trespass to personal property
The temporary interference with a person's use or enjoyment of his or her personal property.
intentional infliction of emotional distress
The tort that occurs when someone intentionally engages in outrageous conduct that is likely to cause extreme emotional distress to another person.
intentional interference with contract
The tort that occurs when someone intentionally takes an action that will cause a person to breach a contract that he or she has with another.
Craig had a large oak tree which was beginning to die. Even though Craig knew the tree was dying and could cause damage if it fell over, he did nothing to cut it down. One night, a tornado came barreling through town. The winds were so intense that the storm caused the oak tree to fall on Craig's neighbors' house, causing significant damage to the roof. The tornado in this case can be considered as ______ cause of the harm.
the superseding
An arresting officer need not obtain an arrest warrant when: _______.
there is probable cause and no time to obtain a warrant
A ______ is a wrong or injury to another, other than a breach of contract.
tort
For most crimes, there are ______ elements that must be proven by the government.
two
Corporate managers can be held legally responsible for crimes committed by lower-level employees under the ______.
vicarious liability doctrine
Threatening your employer with a gun in order to get a raise would not be considered a white-collar crime because this conduct involves: _______.
violence
The Fourth Amendment to the U.S. Constitution typically requires that officials obtain a(n) ______ before searching a home or business.
warrant
A hunter carelessly shoots in the general direction of a sound in the woods. Instead of a deer, the hunter has shot his friend. The hunter's gunfire: _______.
was the causation of the friend's injury
affiliate
A business enterprise located in one state that is directly or indirectly owned and controlled by a company located in another state. Also called foreign subsidiary.
General Agreement on Tariffs and Trade (GATT)
A comprehensive multilateral trading system designed to achieve distortion-free international trade through the minimization of tariffs and removal of artificial barriers.
licensing agreement
A contract in which one company (the licensor) grants permission to another company (the licensee) to use the licensor's intellectual property in return for payment.
quantitative restriction
A limit on the importation of certain goods that is imposed on the basis of number of units, weight, or value for national economic reason, or for the protection of domestic industry; prohibited by GATT.
Hague Evidence Convention
A multilateral convention establishing procedures for transnational discovery between private persons in different states.
hacker
A person who illegally accesses, or enters, another person's or company's computer system to obtain information or steal money.
infant
A person who is not legally an adult (in most US localities, a person under 18) and thus is considered to lack the mental capabilities of an adult. Infancy can be used as a partial defense to defuse the guilty-mind requirement of a crime.
entrapment
A relatively common defense under which the defendant claims that he would not have committed the crime or broken the law if he had not been induced or tricked into doing so by law enforcement officials.
Miranda rights
The rights that are read to an arrested individual by a law enforcement agent before the individual is questioned about the commission of the crime.
If a judge in a common law system cannot find precedent to a legal matter in front of him or her, what can that judge do?
In the absence of precedence, the judge can create his or her own law.
______ law governs the conduct of states and organizations and their relationships with one another and with natural and judicial persons.
International
lex mercatoria
The "law of merchants" as defined by customs or trade usages developed by merchants to facilitate business transactions.
What does the acronym "FCPA" stand for?
The Foreign Corrupt Practices Act
arrest
The action in which the police, or a person acting under the law, seize, hold, or take an individual into custody.
arson
The crime of intentionally setting fire to another's property.
arraignment
The first appearance in court by the defendant, at which the defendant is advised of the pending charges, the right to counsel, and the right to trial by jury and he or she enters a plea to the charge.
forgery
The fraudulent making or altering of a writing in a way that changes the legal rights and liabilities of another and with the intent to deceive or defraud.
insider trading
The illegal buying or selling of a corporation's stock or other securities by corporate insiders, such as officers and directors, in breach of a fiduciary duty or some other relationship of trust and confidence, while in possession of material, nonpublic information about the security.
subject-matter jurisdiction
The power of a court over the type of case presented to it.
larceny
The unlawful taking, attempting to take, carrying, leading, or riding away of another person's property with intent to permanently deprive the rightful owner of the property.
justifiable use of force
The use of force that is necessary to prevent imminent death or great bodily harm to oneself or another or to prevent the imminent commission of a forcible felony.
burden of proof
To convict a defendant, the duty of the plaintiff or prosecution to establish a claim or allegation by admissible evidence and to prove to the jury or court, beyond any reasonable doubt, that the defendant committed all the essential elements of the crime.
What is the purpose of a multilateral free trade agreement?
To reduce and gradually eliminate tariffs and other trade barriers
True or false: International law governs the conduct of states and international organizations and their relationships with one another and with natural and juridical persons.
True
A type of alternative dispute resolution by private, nonofficial persons selected in a manner provided by law or the agreement of parties is known as _____.
arbitration
International law governs the conduct of : _______.
foreign states and organizations
The term for the entity or person that is granted a license to operate and sell goods in a foreign state by a franchise agreement is a(n): _______.
franchisee
In a multilateral ______ trade agreement, three or more states agree to reduce and gradually eliminate tariffs and other trade barriers.
free
The Foreign Corrupt Practices Act (FCPA) prohibits U.S. companies from: _______.
offering bribes to foreign individuals or entities in order to obtain or keep business contracts. paying bribes to foreign government officials for the purpose of obtaining business.
If a plaintiff has sustained compensable injuries caused by the defendant's negligence, the plaintiff can sue for: ________.
damages
appropriation for commercial gain
A privacy tort that occurs when someone uses a person's name, likeness, voice, identity, or other identifying characteristics for commercial gain without that person's permission.
bilateral free trade agreement
An international agreement between two nations that relates to trade between them.
Which of the following is a defense accepted in some states whereby the defendant is not liable for the percentage of harm that he or she can prove can be attributed to the plaintiff's own negligence?
A pure comparative negligence defense
dram shop act
A regulation under which bartenders can be held liable for injuries caused by individuals who become intoxicated in their bars.
felony
A serious crime, such as murder, rape, or robbery, that is punishable by imprisonment for more than one year or death.
A case of negligence was decided by a jury where the jury found that the defendant was 30% at fault for the plaintiff's injuries. In a pure comparative negligence jurisdiction, the plaintiff will recover: _______.
30% of the damages
franchise agreement
A contract whereby a company (the franchisor) grants permission (a license) to another entity (the franchisee) to use the franchisor's name, trademark, or copyright in the operation of a business and associated sale of goods in return for payment.
forum selection agreement
A contractual clause in which the parties choose the location where disputes between them will be resolved.
choice-of-law clause
A contractual clause in which the parties specify which state's law will apply to the interpretation of the contract in the event of a dispute.
bribery
A corrupt and illegal activity in which a person offers, gives, solicits, or receives money, services, or anything of value in order to gain an illicit advantage.
burglary
A crime in which someone unlawfully enters a building with intent to commit a felony or theft.
misdemeanor
A crime that is less serious than a felony and is punishable by a fine and/or imprisonment for less than one year.
extortion
A criminal offense in which a person obtains money, property, and/or services from another by wrongfully threatening or inflicting harm to his or her person, property, or reputation. Also called blackmail.
assumption of the risk
A defense whereby the defendant must prove that the plaintiff voluntarily assumed the risk that the defendant caused.
specific personal jurisdiction
A doctrine permitting adjudication of a claim against a defendant only if the defendant purposefully availed himself or herself of the protections of the forum and if the selected forum is reasonable.
general personal jurisdiction
A doctrine permitting adjudication of any claims against a defendant regardless of whether the claim has anything to do with the forum.
negligence per se
A doctrine that allows a judge or jury to infer duty and breach of duty from the fact that a defendant violated a statute that was designed to prevent the type of harm that the plaintiff incurred.
res ipsa loquitur
A doctrine that allows a judge or jury to infer that, more likely than not, the defendant's negligence was the cause of the plaintiff's harm even though there is no direct evidence of the defendant's lack of due care.
last-clear-chance doctrine
A doctrine used by a plaintiff when the defendant establishes contributory negligence. If the plaintiff can establish that the defendant had the last opportunity to avoid the accident, the plaintiff may still recover, despite being contributorily negligent.
defamation
A false statement or an action that harms the reputation or character of an individual, business, product, group, government, or nation.
subsidy
A financial contribution by a government that confers a benefit on a specific industry or enterprise.
cyber terrorist
A hacker whose intention is the exploitation of a target computer or network to create a serious impact, such as the crippling of a communications network or the sabotage of a business or organization, which may have an impact on millions of citizens if the terrorist's attack is successful.
When a defendant makes a first appearance, which of the following occurs?
A magistrate determines whether there was probable cause for the arrest.
false pretense
A materially false representation of an existing fact, with knowledge of the falsity of the representation and with the intent to defraud.
reasonable person standard
A measurement of the way members of society expect an individual to act in a given situation.
distributor
A merchant who purchases goods from a seller for resale in a foreign market.
petty offense
A minor crime that is punishable by a small fine and/or imprisonment for less than six months in a jail.
false light
A privacy tort that occurs when highly offensive information is published about an individual that is not valid or places the person in a false light.
public figure privilege
A special right, immunity, or permission that allows people to make any statement about public figures, typically politicians and entertainers, without being held liable for defamation as long as false statements were not made with malice.
absolute privilege
A special right, immunity, permission, or benefit given to certain individuals that allows them to make any statements about someone without being held liable for defamation for any false statement made, regardless of intent or knowledge of the falsity of the claim.
conditional privilege
A special right, immunity, permission, or benefit given to certain individuals that allows them to make any statements about someone without being held liable for defamation for any false statements made without actual malice.
Good Samaritan statute
A statute that exempts from liability a person, such as a physician passerby, who voluntarily renders aid to an injured person but negligently, but not unreasonably negligently, causes injury while rendering the aid.
bail
A thing of value, such as a money bail bond or any other form of property, that is given to the court to temporarily allow a person's release from jail and to ensure his or her appearance in court.
malicious prosecution
A tort in which one person wrongfully subjects another to criminal or civil litigation for the sole purpose of causing problems for that other person, often in retaliation for previous litigation between the two.
wrongful civil proceeding
A tort in which one person wrongfully subjects another to criminal or civil litigation that has no justifiable basis.
food disparagement
A tort that provides ranchers and farmers with a cause of action when someone spreads false information about the safety of a food product.
Arbitration
A type of alternative dispute resolution wherein disputes are submitted for resolution to private nonofficial persons selected in a manner provided by law or the agreement of the parties.
tort
A violation of another person's rights or a civil wrongdoing that does not arise out of a contract or statute; primary types are intentional, negligent, and strict-liability torts.
Which of the following is true regarding corporate executives being held personally liable for business crime under the "responsible corporate officer" doctrine?
Corporate executives may be found personally liable for a business crime even if they did not engage in, direct, or know about a specific criminal violation.
True or false: A criminal defendant is not entitled to each and every protection of the Sixth Amendment. A defendant must choose which right, among those listed in the body of the amendment, should apply.
False
White-collar crime is not punishable by imprisonment under our existing criminal laws.
False
Foreign Corrupt Practices Act (FCPA)
Federal law prohibiting U.S. companies from offering or paying bribes to foreign government officials, political parties, and candidates for office for the purpose of obtaining or retaining business.
Proximate cause is determined by _______, in most states.
Foreseeability
The ______ Amendment protects against any state depriving any person of life, liberty or property without due process of law.
Fourteenth
The amendment to the U.S. Constitution which reads that no state shall enforce laws that abridge the immunities or privileges of citizens of the United States and that states shall not deprive any person of life, liberty, or property without due process of law is the __________ Amendment.
Fourteenth
A Canadian company has a business arrangement with a U.S. toy company, Imagination. The arrangement permits the Canadian company to sell Imagination's products directly to consumers under the same brand name in Canada. At the end of the first year, the Canadian company pays Imagination 20 percent of its net sales. Which of the following methods of entering a foreign market has been best illustrated in this scenario?
Franchise Agreement
According to the _______, people in peril who receive voluntary aid from others cannot hold those offering aid liable for negligence.
Good Samaritan statutes
A person who illegally accesses or enters another person's or a company's computer system to obtain information or steal money is which of the following?
Hacker
actual malice
In defamation, either a person's knowledge that his or her statement or published material is false or the person's reckless disregard for whether it was false.
modified comparative negligence
In some states, a defense whereby the defendant is not liable for the percentage of harm that he or she proves can be attributed to the plaintiff's own negligence if the plaintiff's negligence is responsible for less than 50 percent of the harm. If the defendant establishes that the plaintiff's negligence caused more than 50 percent of the harm, the defendant has no liability.
What tort occurs when a defendant takes an action intending certain consequences to occur or knowing that those consequences are likely to result?
Intentional
______ torts occur when the defendant takes an action intending certain consequences or knowing they are likely to result.
Intentional
In the U.S. system of torts, torts are commonly classified as:
Intentional, negligent, or strict liability.
Joe is the president of Shake Corp., Inc. and while Joe was conducting business with a Shake Corp. client, he murdered the client because the client was going to steal Shake Corp.'s secret formula for making milk shakes. The only punishment for murder is imprisonment. What is most likely to happen?
Joe will be charged with murder.
Which of the following is the secretive and wrongful taking and carrying away of the personal property of another with the intent to permanently deprive the rightful owner of its use or possession?
Larceny
mens rea
Latin for "guilty mind;" the mental state accompanying a wrongful behavior.
Lizzy and her boyfriend Bobby are at the local restaurant. The two have been arguing and Lizzy says she has had enough and turns to leave. Bobby, who is substantially bigger than Lizzy, draws back his hand as if to hit Lizzy. Lizzy turns around and ducks just in time to avoid Bobby's punch. What, if any, tort can Lizzy sue for?
Lizzy could sue for assault.
Amanda Jones was on trial for smothering her child with a pillow. She testified that she saw flames around the child's body and was trying to extinguish those flames. The jury found that Jones was not guilty by reason of insanity because she did not understand the nature of her act, applying the: _______.
M'Naghten test
Mary was driving her new moped down a neighborhood road. While she was trying to adjust her headphones to listen to her favorite song, her moped hit an 8-year-old boy who was crossing the road. Mary dismounted her moped and rushed over to the victim. The young child was unconscious and bleeding. In this scenario, Mary owes what duty, if any, to the victim?
Mary has a duty to remove the victim from further harm.
nominal damages
Monetary damages awarded to a plaintiff in a very small amount, typically $1 to $5, to signify that the plaintiff has been wronged by the defendant even though the plaintiff suffered no compensable harm.
compensatory damages
Money awarded to a plaintiff as reimbursement for her or his losses; based on the amount of actual damage or harm to property, lost wages or profits, pain and suffering, medical expenses, disability, etc.
Which of the following applies to cases in which the defendant has violated a statute enacted to prevent a certain type of harm from befalling a specific group to which the plaintiff belongs?
Negligence per se.
What type of tort occurs when the defendant is careless and acts in a way that subjects other people to an unreasonable risk of harm?
Negligent
It is a generally accepted precaution for dentists to warn patients of risks and exercise extra caution when patients are on anticoagulants (blood thinners) and must undergo dental procedures. A dentist fails to alert a patient (who the dentist knows is on anticoagulants) of the risks of a procedure the patient is about to undergo that is dangerous to someone on blood thinners. The patient experiences near-fatal bleeding due to the procedure. The plaintiff decides to sue for malpractice but the dentist says he was unaware of the need to warn patients on blood thinners of possible risks. Is the dentist going to be successful in his defense?
No, because a professional cannot defend against a negligence suit by claiming ignorance of generally accepted principles in his or her field of expertise.
A teenager plays Grand Theft Auto and runs over people in the game. The teen decides to recreate the game in real life, driving his vehicle up onto the sidewalk and running over two people. The victims pursue a claim against the maker of Grand Theft Auto for negligence, arguing the game makers had a duty of care. Are the victims likely to prevail?
No, because courts have consistently found it is not foreseeable that playing certain video games or viewing certain websites would result in users committing murder.
Which of the following damages are given to recognize that a defendant committed a tort in a case where the plaintiff suffered no compensable damages?
Nominal
conversion
Permanent interference with another's use and enjoyment of his or her personal property.
Theodore violates the city's building code by not installing fire alarms on every floor. This is considered a(n) _______ which is usually punishable by a jail sentence of less than six months or a small fine.
Petty Offense
Which of the following is an investment swindle in which high profits are promised from fictitious sources and early investors are paid off with funds raised from later investors?
Ponzi scheme
Which of the following is NOT one of the three main provisions of the Fifth Amendment to the U.S. Constitution?Which of the following is a federal crime-fighting law?
Prohibition against cruel and unusual punishment
Which of the following is not one of the three main provisions of the Fifth Amendment to the U.S. Constitution?
Prohibition against cruel and unusual punishment
Which of the following standards measures the way members of society expect an individual to act in a given situation.
Reasonable person
Dr. Kilroy operates on Melinda's shoulder. In the operating room along with Dr. Kilroy are two nurses, an anesthesiologist, and two interns. All are responsible from start to finish of Melinda's shoulder surgery. Three weeks after surgery, Melinda is still having pain and goes back to Dr. Kilroy. X-rays show that a small sponge was left inside of her shoulder and not removed before she was sewn up. Since Melinda is not sure who is responsible for leaving the sponge in her shoulder she would sue under what theory of negligence?
Res Ipsa Loquitur.
Which of the following doctrines are created to help a plaintiff when there is no direct evidence of negligence? (Check all that apply.)
Res ipsa loquitur Negligence per se
Which of the following aids plaintiffs in establishing negligence claims?
Res ipsa loquitur and negligence per se
Which act was created to specifically combat white-collar crime?
Sarbanes-Oxley
Under the _____, it is now a felony to willfully fail to maintain proper records of audits and work papers for at least five years.
Sarbanes-Oxley Act
liability without fault
See strict liability.
What is the process of selection of the individual who presides over an arbitration?
Selection is provided typically through written arbitration agreement of the parties or through standard laws for arbitration process.
The Islamic legal system is based on the fundamental tenet that laws are from and interpreted in harmony with _______.
Shari'a law and the Koran
The _______ specifically provides the right to a speedy and public trial.
Sixth Amendment
What type of torts occur when the defendant takes an action that is inherently dangerous and cannot ever be undertaken safely, no matter what precautions the defendant takes?
Strict-liability
Which of the following is not a type of intentional tort?
Strict-liability torts
Damages in tort actions include all but which of the following?
Supplemental
international law
The body of law that governs the conduct of nations and international organizations and their relations with one another and with natural and juridical persons.
venue
The court with subject-matter and personal jurisdiction that is the most appropriate geographic location for the resolution of a dispute.
proximate cause
The extent to which, as a matter of policy, a defendant may be held liable for the consequences of his or her actions. In the majority of states, proximate cause requires that the plaintiff and the type of injury suffered by the plaintiff were foreseeable at the time of the accident. In the minority of states, proximate cause exists if the defendant's actions led to the plaintiff's harm.
first appearance
The initial appearance of an arrested individual before a judge, who determines whether there was probable cause for the arrest. If the judge ascertains that probable cause did not exist, the individual is freed.
abuse of process
The malicious and deliberate misuse or perversion of a legal procedure.
jurisdiction
The power of a court to hear cases and resolve disputes.
personal jurisdiction
The power of a court to require that a party (usually the defendant) or a witness come before the court; extends to the state's borders in the state court system and across the court's geographic district in the federal system. Also called personal jurisdiction and jurisdiction in personam.
false imprisonment
The unlawful restraint of another against the person's will.
robbery
The unlawful taking or attempted taking of personal property by force or threat of force and/or by putting the victim in fear.
When would a defendant use the doctrine of res ipsa loquitur?
To allow the judge and jury to infer that more likely than not, the defendant's negligence was the cause of the plaintiff's harm, even though no direct evidence of the defendant's lack of due care existed.
All but which of the following is an objective of tort law?
To compensate society against wrongs committed by the state
What is the mission of the World Trade Organization (WTO)?
To facilitate international cooperation in opening markets, and to provide a forum for future trade negotiations and the settlement of international trade disputes.
In which of the following situations is the use of deadly force unjustifiable?
To protect property
Fit the punishment with the crime under the Sarbanes-Oxley Act. Instructions
Up to 20 years in prison = securities fraud 25 years in prison = destruction of documents during a federal bankruptcy investigation up to 10 years in prison = Willful failure to maintain audit records and work papers
What are the benefits of comparative law? (Check all that apply.)
We gain a better understanding of the general purpose of law by studying other legal systems. The laws encountered while studying other countries' laws will likely be different, and thus educational. We better develop a critical viewpoint of our own legal system.
Under which of the following circumstances would the Uniform Commercial Code (UCC) apply?
When both parties to a sales transaction are residents of the United States.
Officer Mills was provided with a search warrant to search a suspect's home. During the search, he found illegal narcotics. Later, Officer Mills learned that the search warrant was not supported by a properly authenticated affidavit. Should the narcotics be admissible at trial?
Yes, if Officer Mills acted in good faith.
James is facing up to five years in federal prison for health care fraud. Given the potential sentence, James is entitled to: _______.
a jury trial
A successful RICO action must contain evidence of: _______.
a pattern of racketeering
One type of defense to a negligence claim is when the defendant proves that the plaintiff voluntarily and unreasonably encountered the actual harm that the defendant allegedly caused. This is known as: _______.
assumption of the risk
The defendant must prove that the plaintiff voluntarily and unreasonably encountered the threat of the actual harm the defendant caused under the _______ defense.
assumption of the risk
Dr. Pierce failed to scrub his hands before entering the surgical suite. If his patient gets an infection, Dr. Pierce has ______ his duty of care.
breached
In a cause of action for negligence, the plaintiff must establish the defendant owed a duty of care to the plaintiff. Next, the plaintiff must show that the defendant _______.
breached that duty of care.
Desperate for money, John Johnson breaks into a business that is closed for the evening and takes cash from a drawer. Johnson has committed: _______.
burglary
John threatens to burn down Jacob's house in six months time if Jacob does not steal trade secrets from the software company where he is employed. Jacob steals the trade secrets and is charged with violating several criminal statutes. Jacob ______ successfully raise the affirmative defense of duress to avoid conviction.
cannot
A train started to pull away from the station when suddenly, a passenger started running by the train trying to catch it. The conductor pulled the man aboard, but in the process, he dropped the parcel he was holding. The parcel fell and exploded since it contained fireworks that were ignited from the sparks from the train wheels. The rockets shot off in all directions and managed to tip over a huge freight scale on the platform. The scale fell on Mr. Paul, who suffered injuries as a result. If Mr. Paul tries to sue the railroad company for his injuries, he would likely fail because he cannot successfully demonstrate ______.
causation
Jacob, CEO of Mavrex Corporation, was charged with violating the Securities and Exchange Act. The primary prosecution witness could not be located by the prosecuting attorney. If the main witness does not appear at trial, Jacob can claim violation of his Sixth Amendment right to: _______.
confront witnesses
RICO's prohibition against using funds from criminal activity to purchase or participate in other business enterprises renders it more difficult for legitimate businesses to act as a front for: _______.
criminal enterprises
A plaintiff can sue for ______ to help compensate for losses that result from the defendant's negligence.
damages
If any bystanders are injured while attempting to rescue victims injured by the defendant's negligence, many courts hold the defendant liable for their injuries under what is known as the ______ doctrine.
danger invites rescue
The Fifth Amendment to the United States Constitution provides protection against: _______. (Check all that apply.)
double jeopardy self-incrimination
Country A accuses Country B of exporting newsprint paper for less than the price Country B charges for newsprint paper and its comparable products in its own home market. Country A is accusing Country B of _____ newsprint paper in Country A.
dumping
Mrs. Potter was a nanny for Robert, who is three months old. Mrs. Potter took Robert out for a walk in his carriage where she met several other nannies. Mrs. Potter started talking to the other nannies and forgot to pay attention to Robert. Suddenly, the carriage started rolling downhill where it came to a stop. Mrs. Potter's failure to devote her attention to Robert is known as a breach of: _______.
duty
The element of negligence that best describes the relationship between a parent and a minor child is known as: _______.
duty of care
Examples of white-collar crimes include: _______. (Check all that apply.)
embezzlement fraud
Jacob claimed that he falsified records submitted to the Environmental Protection Agency only because an investigator encouraged him to do so in order to avoid missing a critical deadline. The investigator suggested that Jacob may lose his job if the records were not submitted on time. If Jacob is prosecuted for violation of federal and state criminal statutes, he may be able to assert the defense of: _______.
entrapment
The __________ defense applies if the idea for a crime originated with a police officer or some other government official who suggested it to the defendant, who would not otherwise have committed the crime.
entrapment
To establish res ipsa loquitur in negligence cases, the plaintiff must demonstrate that the
event was a kind that ordinarily does not occur in the absence of negligence.
The ______ rule holds that all evidence obtained in violation of the constitutional rights spelled out in the Fourth, Fifth, and Sixth Amendments to the United States Constitution is not normally admissible at trial.
exclusionary
The __________ rule holds that all evidence obtained in violation of the constitutional rights spelled out in the Fourth, Fifth, and Sixth Amendments to the U.S. Constitution is normally not admissible at trial. Such evidence is considered "fruit of the poisonous tree" because it is the result of an illegal procedure.
exclusionary
When a jury considers insanity as a defense to a criminal charge, the testimony of ______ is required.
experts
Mistake of ______ as an affirmative defense tries to prove the defendant made an honest and reasonable mistake that negates the guilty-mind element of a crime.
fact
Armed robbery of a bank teller likely falls under the classification of (n): ________.
felony
The first step in litigation is determining whether the selected court : ______.
has jurisdiction
Individuals who are under the age of majority are known under the law as: ______.
infants
A tort is a wrong or ______ to another, other than breach of contract.
injury
Penny and Theodore comprise a scheme whereby Penny will send information to Theodore in regards to the moves her telecommunications company is making when she learns about it in their company's internal strategy meeting so he can make a better stock trade. This is known as _______.
insider trading
Torts against persons are ______ acts that harm an individual's physical or mental integrity.
intentional
If a case goes to trial and the crime is a felony or a misdemeanor punishable by six months or more in prison, the defendant has a constitutional right to a(n): _______.
jury trial
Heading to the office break room for a cup of coffee, Mary absentmindedly forgets to put her iphone in the top desk drawer and lock it. While delivering office supplies, a co-worker removes the iphone from the desk and puts it in his pocket. Mary's co-worker has most likely committed: ______.
larceny
Marsha worked as a personal secretary to the manager of a firm. She was caught taking away stationery from the office for personal use. It was revealed during trial that she had been doing this ever since she joined work. This is a case of _____.
larceny
The primary type of damages is compensatory damages, typically awarded for: _______. (Check all that apply.)
lost wages pain and suffering medical expenses
Duress, as a defense, is appropriate when an individual commits a crime under the threat of serious bodily harm, but only when the threat of harm is: _______.
more serious than the crime threatened
The arrangement between the United States, Canada, and Mexico to reduce and gradually eliminate tariffs and other trade barriers is an example of a(n) _____.
multilateral free trade agreement.
A franchise agreement empowers the franchisee to utilize the: _______.
name, trademark and copyright of the company in a foreign state
Barbara promised Amy to look after her dog while she was on vacation. That night, Barbara forgot to close the gate to the dog's yard. The dog escaped and never came back. Barbara's failure to close the gate is an example of: _______.
negligence
The doctrine of _______ applies to cases in which the defendant has violated a statute enacted to prevent a certain type of harm from befalling a specific group to which the plaintiff belongs.
negligence per se
If someone violates a statute that is in place to protect a specific group of people and prevent a certain harm from affecting that group of people, the violation of that statute is known as _______
negligence per se.
_ damages are a small amount of money given to recognize that a defendant did indeed commit a tort in a case where the plaintiff suffered no compensable damages.
nominal
Abigail was suing Gregory for injuries she sustained when Gregory negligently ignored the stop signal and ran into Abigail with his car. In his defense, Gregory pointed out that Abigail ignored the "Don't Walk" sign and crossed the street. If Gregory can show Abigail was 10% at fault for her own injuries in a contributory negligence jurisdiction, Abigail would: _______.
not be able to collect any damages
Philip was driving his car and failed to see a stop sign. He hit a car driven by Oscar. Oscar was not wearing his seatbelt at the time of the crash, and thus sustained more serious injuries than he would have had if he had been wearing his seatbelt. The court found that both parties were negligent. If this was a contributory negligence jurisdiction, Oscar would be able to recover: _______.
nothing
A landlord's failure to have working smoke detectors in a residential apartment building would likely be classified as a(n) [] offense
petty
The doctrines of res ipsa loquitur and negligence per se have been adopted by courts to primarily aid the _______ in negligence suits.
plaintiff
Causation is the third element of a successful negligence claim and is made up of two separate elements: actual cause and: _______ cause.
proximate
If a plaintiff wishes to recover damages that are meant to punish the defendant and deter future wrongdoers from similar behavior, that plaintiff is seeking _____ damages?
punitive
Raising the defense of necessity against criminal charges would likely be appropriate where the defendant: _______. (Check all that apply.)
pushed a man out of the path of an oncoming car broke into a car to remove a child who had been left in a parking lot
Davis, CEO of Meatpacking, Inc., hired a company to conduct regular inspections of the company plants. The contract price for these inspections was markedly lower than the firms Davis had worked with in the past. Despite the significant price difference, Davis did not check the inspection company's references. Davis and Meatpacking, Inc. were later charged with criminal violations of the Food and Drug Act. Davis raised the defense of mistake of fact; however, the jury found Davis guilty because his claimed mistake was not: _______.
reasonable
Defending oneself against a physical attack is justifiable, so long as the force used is: _______.
reasonable
The standard of care associated with the duty owed in a negligence case is the _______ standard.
reasonable person
Nancy had some surgery on her lungs. After the surgery, she had great discomfort in her chest and trouble breathing. She went back to her doctor who took some x-rays of her chest. The x-ray showed that a surgical instrument had been left in her chest. Nancy can sue her surgeon pursuant to the doctrine of: _______.
res ipsa loquitur
In a criminal trial, who is viewed as the victim?
society
In a socialist legal system, the rights of ______ outweigh the rights of the individual.
society as a whole
__________ liability applies to actions that, regardless of the care taken, are specifically prohibited, such as selling cigarettes or alcohol to a minor.
strict
liability without fault
strict liability
When the defendant takes an action that is inherently dangerous and cannot be undertaken safely, the defendant commits a(n)
strict-liability tort.
A Ponzi scheme is best described as which of the following?
swindling investments in which high profits are promised from fictitious sources and early investors are paid off with funds raised from later investors.
The application of vicarious liability to impose criminal penalties on corporate executives when subordinates break the law finds its support in: _______.
the responsible corporate officer doctrine
