listed exam 3

DEF Corp., a publicly-traded company, at the direction of Carl, the CFO, intentionally misstated earnings in the financials, increasing assets by over 50%. As a result, DEF put out a wildly inaccurate picture of their true financial health. DEF sent out the financials in their annual report by U.S. Mail (USPS), it was sent to shareholders throughout the country and was available to the public. Which of the following crimes did the Carl commit under these facts, and these facts only?

mail fraud

Murder is the killing of a human being with malice aforethought. Malice aforethought is the premeditation and planning of the crime. Malice aforethought shows that one considered the consequence of the action and knowingly committed the crime. The malice aforethought would be the

mens rea

Destiny was involved in an auto accident with Keith. Destiny was driving 10 miles an hour over the speed limit, but Keith was driving the wrong way on a one way street and driving 30 miles per hour over the speed limit. At trial, the jury found Keith 95% at fault and Destiny 5% at fault. The jury held that Destiny had suffered $100,000 in damages. Assume the jurisdiction in which this case arose is a comparative negligence jurisdiction. What will be Destiny's awarded damages under these circumstances?

$95,000

Liability for a defective product can be triggered even when

the seller has exercised all possible care in preparation and sale of the product.

A failure to act may be a tort if it causes a loss to be suffered by another party.

true

Generally, an at-will employee may be fired just because the boss does not like him or her.

true

One important aspect of a successful workers' compensation claim is that the employer's fault, negligence, or wrongdoing does not have to be evidenced or proved for the injured employee to be compensated.

true

he Social Security Act is funded through mandatory employment taxes paid by both the employer and the employee

true

Which of the following is also called the Taft-Hartley Act?

Labor Management Relations Act

Scotty owned a Siberian tiger, which he was careful to keep on a thick metal leash in his back yard. The leash was thick enough that it prevented the tiger from getting loose. He posted a sign on the fence to his backtard: "Do not trespass!" Zelda trespassed onto Scotty's property intending to steal his bicycle, she ignored the sign but had no idea a tiger was lurking in the backyard. While in his backyard, Zelda was bitten on the leg by the tiger and ran for her life, barely escaping death. Zelda has sued Scotty for her injuries. What result?

Zelda wins because a landowner is strictly liable for injuries to entrants onto their land due to ultrahazardous situations.

Which of the following is a valid defense in a strict products liability case?

assumption of risk

Nestro has admired Monica for a long time and has wanted to date her but is too shy around girls to ask. He is a football player with a reputation of being the toughest player on the team. Monica is scared of Nestro because of his size and reputation. One day Nestro summons the courage and approaches Monica, who has her back to him and doesn't know he's there. He puts his arms around her and gives her a gentle kiss before letting go. He can't believe what he did, apologizes, and runs away. Monica is slightly shaken but physically unharmed. Nestro has committed

battery

An invitee is owed an absolute duty by a landowner to repair all hazardous conditions on their property and the landowner will be strictly liable for all injuries they suffer.

false

Hargrove Resorts sent out several direct mail pieces by FedEx, a private mail delivery service. The direct mail pieces contained fraudulent claims about property they were selling. This is not mail fraud because FedEx is not a government mail service.

false

Jennifer, a waitress at Jake's Barbecue, a popular restaurant with 40 employees, wanted to take leave pursuant to the Family and Medical Leave Act. She wanted three months off to care for her newborn child, and Jake, her boss, refused. Under these circumstances, Jake is in violation of the FMLA because Jennifer has requested legally-mandated three months leave to care for a child, which is allowed under FMLA law.

false

Negligence is a result of a person's willful intent to cause harm to another person or property.

false

Negligence may result from either an intentional or unintentional act.

false

Sally works an hourly office job from 8 a.m. until 4:30 p.m., Monday through Friday, with an hour each day for lunch. Lunch is unpaid, so her weekly hours total 37½. One Friday, her boss Harry asks her to stay an extra hour to complete a project. If she stays the extra hour, she will be entitled to overtime pay for that hour.

false

The difference between third degree and first degree murder is that third degree murder does not include intent as an element.

false

Trina was the Chief Financial Officer for Huge Corp. Her boss, Misty, the CEO, demanded that Trina work 70 hours in a single week to finish a project. When Trina demanded addtional pay for this inconvenience, Misty refused. Under the circumstances, this is an illegal violation of the Fair Labor Standards Act.

false

when an employee suffers a job related injury the employee always has a choice of suing the employer in court or seeking a workers compensation

false

Henrietta wrote a check to Belk for $948; she knew her checking account had less than $36 and that she wouldn't be making another deposit for weeks. Which crime, if any, has Henrietta committed in at least some jurisdictions?

false pretenses

Chelsea's house is for sale, and she is selling it through a real estate agent. The house is listed, and any licensed agent may show the house by using the special accessible key in a lockbox on the front porch. Stan is a licensed agent and brings Paula into the home to show it for a possible sale while Chelsea is not home. Stan and Paula would be considered

invitees.

Clem was occasionally stealing electronics items from stores and had help from another of his friends, Staley, who would arrange for purchasers for the stolen goods. Clem had only stolen items 20 times in the previous three years. Clem owned a small computer repair store where he did very little business, but pretended that his earnings from the stolen electronics were actually profits from his repair business. When a suspicious police officer asked Clem questions about thefts from some area stores, Clem lied and told him he knew nothing about them. Which of the following crimes may Clem be charged with?

RICO violations

Which of the following acts would be considered negligence per se?

Alan drives his car at 60 mph in a 35 mph zone because he does not see the speed limit sign.

Benji took a wild swing at Renaldo, but Renaldo ducked and Benji missed completely. Would any tort have been committed, and if so, what?

Assault

Bluto bought a bottle of wine from Snobby Vineyards. When he arrived home, he saw a nail on his front porch flooring had come loose. Using the wine bottle, Bluto attempted to drive the nail back down into the flooring and the bottle broke, spilling wine and causing a shard of glass to embed in Bluto's hand, cutting a tendon, which required surgery and hospitalization. Bluto had used wine bottles in the past as a "hammer" without one ever breaking. Bluto, who ran up $50,000 in medical bills and lost work time, sued Snobby Vineyards under strict products liability theory, on grounds that the wine bottle had been manufactured too thinly. The bottle had been manufactured by Realco Bottles. In fact, Realco had designed the bottle thinner than the average wine bottle to save money and reduce weight for lower shipping costs. What is Snobby Vineyards' best defense to Bluto's lawsuit?

Assumption of the risk

Zach "roofied" his friends' drinks and they committed 27 felonies in one wild night in Las Vegas. The friends' best defense to the criminal charges would be:

Involuntary intoxication

Jose was operating a backhoe to dig a person's swimming pool and accidentally drove across a neighbor's yard. He did no damage to the neighbor's yard. Which of the following is a correct statement of the law?

Jose was in trespass.

Carmine and Abby are both under seven years old. They trespassed onto the property of Nick, who had a 15' trampoline without a safety net in his yard, which had no fence around it. Nick's property was located in a residential area with several children living nearby. While bouncing on the trampoline, Carmine fell off and broke his arm. Nick has frequently run Carmine and Abby off his property before when they jumped on the trampoline, telling them "The dang thing's dangerous, you kids!" Which of the following most accurately describes Nick's liability in this situation?

Nick is liable because the trampoline is an attractive nuisance and Carmine and Abby are children who fall under the definition of the doctrine.

Sammy liked to practice martial arts between classes. One day on the second floor of the College of Business Administration, he accidentally kicked Latoya in the back of the head, injuring her. Dave saw the whole thing and laughed so hard he walked into a wall 100 feet away, suffering a concussion. Sammy admits he's liable to Latoya, but in no event to Dave. Is Sammy correct?

Sammy's correct because while he was the cause-in-fact of Dave's injuries, he was NOT the proximate cause.

Three 200 lb. Wal-Mart clerks gang tackled a 14 year old female shoplifter. She was clearly caught on tape shoplifting, but the clerks broke her ankle. The 14 year old is suing for false imprisonment. What is the likely result of the claim and why?

The shoplifter wins so long as the imprisonment is determined by the court to be in an unreasonable manner.

Stabler was the CEO of Biffco Tractors of Savannah. He hired a new sales manager, Cindy, who had worked for Farmall, a competitor. Stabler was delighted when Cindy broke sales records. When he asked about her secret, she told him "I brought a complete list of account information over from Farmall, downloaded all the inside stuff." What crime, if any, has Stabler committed if he allows Cindy to continue to use this information from Farmall as his employee?

Theft of trade secrets

Thrifty Grocery was sued when Melba, a customer, slipped on milk that was spilled by another customer is the aisle. Which of the following most accurately states Thrifty's potential liability?

Thrifty will be liable if they are determined to have breached their duty to inspect the premises and clean up the milk spill within a reasonable time.

Steinle Flooring was a small retailer of home construction materials, primarily wood flooring. Jacob, owner of Jacobco, a residential construction contractor, bought 2,000 square feet of Superior brand oak flooring from Steinle for a home remodeling project. Unknown to Jacob, Steinle, or the home owner, the Superior flooring had a chemical in the polyurethane with which it was treated that was extremely dangerous. Superior flooring knew about the dangerous chemicals but used them anyway because they saved money by doing so. The homeowners had to be treated at the hospital for toxic substances in their systems after the flooring was installed. To he house had to be repainted inside and the homeowners had to have their furniture and clothing destroyed. The homeowners suffered $100,000 in damages. Neither Steinle nor Jacobco were proven to have done anything negligent, and in fact took all necessary precautions to ensure that customers got a safe product, this was entirely the fault of Superior. Which of the following parties may the homeowners successfully sue?

can successfully sue- stenile flooring jacobo superior

James worked for ABC Corporation, he was an accountant who worked in the main headquarters. One day after he found out that ABC would be receiving a shipment of diamonds, he drove out to the warehouse of ABC, which he was not given access to, and sneaked in when the warehouse workers were looking the other way. He grabbed a case of diamonds and left the facility without anyone noticing. What crime has James committed?

larceny

Jen was lawyer with a law firm advising Max Corporation on legal matters. Jen was on her way to an executive's office one afternoon when she saw through an open door into an empty room several thousand dollars in a stack on a desk. She looked around, saw no one was looking, and went into the room, grabbed the money, and stuck it in her briefcase. What crime did Jen commit?

larceny

Which of the following is a tactic used by employers when anticipating a strike by a group of employees?

lockouts

Unsafe workplace conditions are monitored and regulated under

osha

The doctrine of res ipsa loquitur is concerned with

pointing to facts that infer negligent conduct without a showing of exactly how the tortfeasor behaved.

The Federal Unemployment Tax Act of 1935 was enacted to provide limited assistance to

workers who had been temporarily or permanently terminated from their employment through no fault of their own.