MGMT 331 Unit 2 Test (Chapters 6, 7, 8)

A "bench trial" is one in which the decision is made without a jury.

True

Administrative agencies sometimes act as if they are judicial bodies.

True

Agencies create more legal rules and adjudicate more controversies than all the nation's legislatures and courts combined.

True

Al, the bus driver on a cross-country Greyhound, kisses Susie, a passenger, while she sleeps. Al could be sued for battery.

True

All conversions are trespasses but not all trespasses are conversions.

True

Damages awarded in excess of normal compensation in order to punish a defendant for a serious civil wrong are known as punitive damages.

True

Defenses of absolute, conditional, and constitutional privilege apply to defamation and also to publication of any matter that is an invasion of privacy.

True

If a person's 150-pound sheep dog has a propensity to jump enthusiastically on visitors, the animal's keeper would be liable for any damages done by the dog's playfulness.

True

In only a minority of states a jury may award punitive damages if a defendant's tortuous conduct is intentional and outrageous.

True

The law of torts reallocates losses caused by human misconduct.

True

The same act can be both a tort and a crime.

True

Tom's dog has bitten 3 mail carriers, but Tom can't bear to chain him up. When the dog bites the newsboy, Tom will be strictly liable.

True

Which of the following is/are considered in determining the application of the reasonable person standard?

a. Physical disability b. Superior skill or knowledge c. Emergency circumstances d. All of the above are considered

What happens if the police illegally seize evidence in violation of the Fourth Amendment?

a. The evidence will be excluded from use at trial

Bill is the accountant for Cheatam and Sons Co. For many years he has kept two sets of books, one with real figures and another with figures he will use in case the IRS audits. When Bill, while working on Cheatam's books, is arrested for fraud, what will happen to the books?

a. They are privileged communications and therefore inadmissible as evidence against Bill

In which of the following situations would a landowner have liability to a trespasser?

a. Where the landowner has rigged up a trap to injure anyone coining onto the property without permission. b. Where a landowner next to a nursery school has an unfenced swimming pool and one of the children falls into the pool. c. Where a trespasser trips over some lawn furniture in an unlighted backyard. d. a and b

In reviewing an agency action, which of the following are included in the questions of law a court will consider?

a. Whether the agency violated any constitutional provision b. Whether the agency acted contrary to the procedural requirements of the law c. Whether the agency exceeded its authority d. All of the above

The defense of entrapment arises when:

a. a law enforcement official induces a person to commit a crime whether that person, under ordinary circumstances, would have done so or not.

Julian threw a brick at Will, intending to hit him. If the brick instead hits Anna, Julian has:

a. committed a battery

If Janice, while driving her car, negligently runs into Paul, a pedestrian who is carefully crossing the street, Janice is liable for:

a. physical injuries Paul sustains from the collision because Janice's negligent conduct proximately caused harm to a legally protected interest.

Under RICO, a __________ is any of several criminal offenses such as murder, kidnapping, arson, extortion, and drug dealing.

a. predicate act

The president has significant control over administrative agencies housed within the executive branch by virtue of the power to:

a. remove commissioners for causes set forth by statute b. appoint and remove the chief administrator of those agencies c. impound moneys appropriated to the agency by Congress d. All of the above

A warrant is required for a search by the police except where:

a. the police are in hot pursuit of a fugitive. b. voluntary consent is given to the search. c. evidence of a crime is in plain view of the police officer. d. All of the above.

A points an unloaded gun at B and threatens to shoot. Unobserved by A, C, who is B's wife, witnesses the threat and believes A's gun is loaded and that B is about to die. C pulls out a gun and shoots and kills A.

b. C can successfully invoke the privilege of defense of others because of her reasonable belief at the time she shot A.

The Sarbanes-Oxley Act has all but which of the following provisions?

b. Creating severe civil and criminal penalties for enterprises that engage in the commission of two or more predicate acts within a period of ten years

Carl threw a bomb into the office of his insurance agent, intending to kill the agent because the company had disallowed his claim. The agent wasn't in the building, but the bomb seriously injured his secretary, who was working in the office.

b. If Carl knew the secretary was in the office, even if he didn't intend to injure her, his intent to harm the agent is transferred to the secretary who can sue Carl for her injuries with an intentional tort cause of action

Federal legislation that requires agencies to maintain in their records only that information about an individual that is relevant and necessary to accomplish an agency function and to collect information to the greatest extent practicable directly from the individual is the:

b. Privacy Act

At the __________, the accused is informed of the charge against him and enters his plea.

b. arraignment

An employer directs his vice-president of marketing to fix prices with their company's competitors. The employee does so. Under these facts:

b. both the employee and the employer are liable

Losses due to computer crimes are estimated to be:

b. in the tens of billions of dollars

The criminal intent necessary to commit a crime is known as:

b. mens rea

Two boys held up a liquor store at gunpoint and ran off with a bag of money. The police saw them run into Jill's apartment building where there are only four apartments off a common hall and no apparent way out of the building but the front door. The police knock on Jill's door. She says she's the only one there. The police can:

b. search the apartment without a warrant because they are in hot pursuit of the thieves

The crime of larceny includes in its definition:

b. the trespassory taking and carrying away of personal property.

A defendant who is indicted will next be:

b. tried.

Two absolute defenses to the tort of defamation are:

b. truth and privilege

Which of the following is found in the Eighth Amendment to the U.S. Constitution?

c. A prohibition against cruel and unusual punishment

The Government in the Sunshine Act covers all but which of the following agencies?

c. Environmental Protection Agency

Joe intentionally pushed Bill into a fence negligently erected by Sam around Sam's swimming pool. The fence caved in and Bill nearly drowned. Who is liable?

c. Joe because of his intentional intervening conduct.

Chris was driving a car with defective brakes very slowly down 5th Avenue looking for a parking place. Mindy jumped out into the street 5 ft. in front of his car. Chris could not help but hit her. What is Chris's best defense to the charge of negligence?

c. Mindy crossed in the middle of the street, which is against the law.

In Soldano v. O'Daniels, the court re-examined the common-law rule of non liability for not taking affirmative action to save someone from peril. The court considered which of the following facts with respect to imposing duties for affirmative action by third parties?

c. Moral blame attached to the defendant's conduct and the policy of preventing future harm.

The Hometown News snapped a picture of Tim 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.

c. The Hometown News is guilty of appropriation

Where there has been informal rulemaking or informal adjudication by an administrative agency and the decision by that agency is then appealed to the courts, the court will generally apply what standard in reviewing factual determinations?

c. The arbitrary and capricious standard

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.

c. defamation

Henry was burning leaves in his backyard. One of the burning leaves was lifted by the wind into Bob's yard next door. It landed on the lawn mower which exploded, setting fire to the wooden lawn furniture. Henry's best argument against liability to Bob would be:

c. it was not foreseeable that the lawn mower would explode.

Ashley wrote a defamatory letter regarding Brian which she mailed to Brian, but which she did not show to anyone else. Ashley has committed:

c. neither libel nor slander, because there has been no publication of the letter

The Fourth Amendment to the Constitution:

c. prohibits unreasonable search and seizure

In the State Farm Mutual Automobile Insurance v. Campbell case, the U.S. Supreme Court said that:

c. to satisfy the Due Process Clause of the Fourteenth Amendment, a punitive damage award by a state court must not be "grossly excessive" or arbitrary

Franco has the permission of George to walk across his yard on the way to school. Franco now brings twenty of his friends across the yard, and they stop to play ball.

d. Franco and his friends are guilty of trespass to real property, because they played ball in George's yard

Tyler is self-employed and alters some receipts so he will show more expenses and therefore have a greater total of income tax deductions. Tyler has:

d. committed the crime of forgery

Anita included Bob's name and photograph in a list of the FBI's top ten criminals. Bob has never been convicted of any crime and is horrified by the thought of being considered a criminal. This:

d. could be either defamation or false light

The improper taking of another's property by one in lawful possession of it, that violates a trust, is:

d. embezzlement

A letter sent to someone falsely accusing her of being a murderer constitutes the tort of defamation.

False

A person cannot be guilty of trespass unless he or she intended to violate the other's rights.

False

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

False

In the Vaughn v. Wal-Mart Stores, Inc. case, the court of appeals held Wal-Mart liable for false imprisonment for seeking to question a suspected shoplifter.

False

Intent, as used in tort law, requires an evil motive.

False

Intentional infliction of emotional distress will protect a person from rudeness if the conduct was intended to cause emotional distress.

False

John and Megan are at a crowded theater. In the press of people exiting the theater, John accidentally steps on Megan's big toe and breaks it. Megan can sue John for the tort of battery.

False

Legislative rules by an administrative agency do not have the force of law.

False

Minors under the age of 18 are not held liable for their torts.

False

Sam goes to the movies one Friday evening. The movie is boring and Sam falls asleep. At 2 a.m., the security guard locks the building. Sam awakens the next morning when the cleaning crew opens the door. Sam can sue for false imprisonment.

False

Selling liquor to a minor can result in criminal liability only if the seller intended to sell to an underage person.

False

Paul, a police officer, is working as an undercover drug agent. He enrolls in classes at the local university where he meets several students in business administration and invites them to come to his house for a party. No mention is made of any drugs, but he does say he will have a keg of beer. Shortly after his guests arrive, he gets out some marijuana and offers it to the group. All of them refuse except for Sam, who has never tried it before. When Paul encourages Sam to try it and Sam lights up the joint, Paul arrests Sam for possession of a controlled substance.

Sam can raise the defense of entrapment and argue that Paul has enticed him to commit a crime he would not have done otherwise.

Administrative statutes issued by an agency are known as:

a. legislative rules

A criminal trial is similar to a civil trial, but there are some significant differences. These differences are:

a. the defendant is always the government in a criminal trial. b. burden of proof on the prosecution is to prove criminal guilt beyond a reasonable doubt in a criminal trial. c. the defendant is required to testify. d. All of the above.

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 remoe chief administrators c. by amending an enabling statute to increase, modify, or decrease an agency's authority d. All of the above e. (a) and (c), but not (b)

Another name for an indictment is a(n):

a. true bill

The enabling statute of an administrative agency requires it to conduct a legislative-type hearing without allowing for cross-examination in adopting its rules.

c. This is a hybrid rule-making process

By law, all apartment buildings in New Jersey must have smoke alarms in the ceilings. Mary suffers smoke inhalation because the smoke alarm in her apartment building was not yet installed. To win a negligence action against the building owner, Mary would have to prove:

c. injury and causation

Barb goes to Marlin's Department store to look for clothes. The store happens to be in the process of remodeling, and there is a lot of clutter i the aisle. Barb trips over the clutter and breaks her leg. What standard of care does the store have toward Barb under the circumstances?

d. Because Barb is a business visitor, the doter must exercise reasonable care to protect her against dangerous conditions she is unlikely to discover.

Arnie negligently stopped his car on the highway. Beth, who was driving along, saw Arnie's car in sufficient time to attempt to stop. However, Beth negligently put her foot on the accelerator instead of the brake and ran into Arnie's car.

d. Because both parties were negligent, in a state that follows the pure comparive negligence doctrine, both opaties will share the liability for their injuries.

Bryant knowingly destroyed documents in order to impede an SEC investigation of his company. Under the Sarbanes-Oxley Act:

d. Both (a) and (b)

All jurisdictions have enacted laws making it a crime to write a check when there is not enough money in the account to cover the check.

True

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 badly wants Bob to work for him. Arthur probably is liable to Carl for intentional interference with contractual relations.

True

BB, Inc. fires an employee and then, when asked for a reference on him, negligently makes some untrue statements, which prevent him from finding a job. BB is liable for defamation.

True

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

True

Invasion of privacy is in reality a collection of four distinct torts.

True

Moore, an employee of Lewpenski Motors, fraudulently tells Tolson, a prospective car buyer, that the used car he is considering has never been in an accident. If Tolson buys the car in reliance on Moore's false statement, both Moore and Lewpenski Motors are liable to Tolson for damages based on the fraudulent misrepresentation.

True

Pointing an unloaded gun at someone who believes it is loaded and threatening to shoot constitutes an assault.

True

Qualified privilege depends on proper use of the privilege.

True

Ray is informed that his 6 year old child is shooting in the street with a .22 rifle. Ray fails to make the gun away from the child. The child unintentionally shoots Bill, a pedestrian. Ray is liable to Bill.

True

Res ipsa loquitur means "the thing speaks for itself" and it permits the jury to infer negligent conduct and causation front eh mere occurrence of certain types of events.

True

The Love v. Hardee's Food Systems, Inc. case dealt with the responsibility of the owner or processor of property to an invitee to warn of, remove, or barricade a dangerous condition of the premises.

True

Tim and his friend are playing catch in the back yard when Tim suddenly throws the ball over the fence into the neighbor's yard where it breaks the window. This is trespass to real property, even if Tim himself does not go onto the property to get the ball.

True

Under constitutional privilege, a public official or public figure must prove that the defendant published the defamatory and false comment with knowledge of the comment's falsity or in reckless disregard of the truth.

True

White-collar crime is defined as a nonviolent crime usually involving deceit, corruption, or breach of trust.

True

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

True

What term refers to the entire set of activities in which an administrative agency engages?

b. The administrative process

Much of federal, state, and local law in this country has been established by __________, which people label as the "fourth branch of government" because they possess tremendous power.

b. administrative agencies