BA 18 FINAL

Bonavent and Wellington get into an accident and Bonavent is injured. Bonavent sued Wellington for negligence. The jury believed that Wellington's negligence was 35% responsible for the accident, while Bonavent's own negligence was 65% responsible for the accident. The jury also believed that Bonavent's injuries are worth a total of $200,000. In a state that follows the pure comparative negligence rule, Bonavent will be awarded:

$ 70,000.

Why are alternative forms of dispute resolution (ADR) are becoming increasingly popular?

ADR is generally less expensive and less time consuming than litigation

Courts may overturn administrative agencies in which of the following cases:

All of the above.

In general, rent-a-judge trials are:

All of the above.

In recent decisions beginning with Batson v. Kentucky,courts have held that peremptory challenges cannot be used to eliminate jurors based upon their:

All of the above.

On June 1, Southern and Exclon entered into an oral agreement. Southern will sell 100 yards of XL100 wire to Exclon for $400. Delivery is scheduled for June 20. The place for delivery is Exclon's factory in Maine. Payment is due 30 days after delivery. This contract is:

All of the above.

Which of the following are requirements for a valid contract:

All of the above.

Which of the following is an intentional tort?

All of the above.

The Constitution contains numerous criminal procedure provisions and protections. At a minimum, these protections require that the defendant:

At a minimum, the Constitutional protections require that the defendant:· may not be subjected to unreasonable searches and seizures;· may not be held subject to excessive bail(the posting of money or property for the release of a criminal defendant while trying to ensure his or her presence in the court at future hearings);· is entitled to a speedy trial;· must be informed of the charges against him or her;· must be tried before an impartial tribunal;· must be permitted to confront witnesses against him or her;· cannot be compelled to testify against himself or herself; and,· may not be subjected to cruel and unusual punishment if convicted.

The primary source of the federal government's power to regulate business is the:

Commerce Clause.

What does CTR stand for?

Currency Transaction Reports

There are four elements that must be shown before a recovery for the tort of negligence is permitted. Which of the following lists these four conditions?

Duty, breach of duty, legal cause, and injury

Oral contracts are not valid according to the UCC.

False

The Commerce Clause has clearly defined commerce.

False

The equal protection clause applies to governmental and private actions.

False

Tort law addresses "public" wrongs.

False

Under strict product liability, there would not be any liability unless the manufacturer was at fault to some degree.

False

When a jury is deadlocked and unable to reach a decision, it is called being "sequestered."

False

Which of the following best describes the situation with a firm offer?

It is not revocable for lack of consideration during the stated time or, if no time is stated, for a reasonable time not to exceed three months

All of the following, except which one, would be considered alternative dispute resolution methods?

Judicial review.

In which of the following situations is Alchemist Corporation most likely to be found guilty of the crime of fraud (theft by deception)?

Lowwite, the president of Alchemist Corporation, deliberately lied to a customer, telling her that a machine she was purchasing had much higher fuel efficiency than it actually had; as a result, the customer paid considerably more than the machine was worth.

Marty owns a tatoo parlor that is located in the heart of Detroit. All of Marty's employees live in Detroit and Marty purchases all of his supplies from suppliers in Michigan. In 1990, the Americans With Disabilities Act, which forbids discrimination on the basis of disability, was passed. Beginning in July of 1994, the law covers employers with fifteen or more employees. Marty has twenty employees, but he believes he can ignore the law because his business is purely local. Which statement is correct?

Marty is incorrect because his business probably still has an effect on interstate commerce

The tort of fraud consists of which of the following elements?

Material fact, falsehood, scienter, reasonable reliance, and damage.

Which of the following is an advantage of mediation?

Mediation generally results in the parties being more satisfied with the resolution because they agreed to the result

John is sail boating on a beautiful calm lake. Suddenly, a winter squall begins to lash at the boat with golf ball sized hail. John finds the nearest dock he can, ties up his boat, and heads to the nearest empty house for shelter from the storm. John is:

Not liable for trespass based on necessity

Mary is admitted to the hospital for severe abdonminal pain and requires immediate surgery to remove her appendix. Weeks later, still in pain, Mary is X-rayed, and she discovers she has a surgical instrument in her abdomen. If Mary decides to file a suit against the hospital, she will likely:

Prevail on her case based on Res Ipsa Loquiter

A deposition may be used to impeach a witness at trial. What does it mean to impeach a witness?

Question the truthfulness of the witness.

The correct title for the RICO statute is the:

Racketeer Influenced and Corrupt Organizations Act.

Conversion occurs when a person intentionally exercises exclusive control over the personal property of another without permission and without any intention of returning the property. What is the proper action for return of the property?

Replevin.

What is the difference between larceny and robbery?

Robbery involves force, or the threat of force or violence, larceny need not.

ShopSmart contracted to buy 100,000 stuffed bears from Cuddles. The contract included the following provision:All controversies relating to this contract shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association.A dispute arose over the expression on the bears' faces. After a hearing, the arbitrator issued an award in favor of Cuddles. ShopSmart is unhappy with the arbitrator's decision. Which statement is correct?

ShopSmart cannot appeal the arbitrator's decision.

If a person is conducting an ultrahazardous or abnormally dangerous activity that causes foreseeable harm to other persons, under which theory of tort law will liability most likely be found?

Strict liability

Clinton went drinking at a local bar with some friends. While driving home, Clinton swerved into the oncoming lane of traffic and crashed head-on with a vehicle driven by Angela. Angela was killed. Tests following the crash showed that Clinton's blood-alcohol level was double the legal limit for driving. Clinton was charged with involuntary manslaughter. If Clinton raises the defense of intoxication, which statement is correct?

The defense of voluntary intoxication will not be a valid defense since involuntary manslaughter does not require specific intent

Under the common law, an acceptance which deviates from the terms of the offer is:

a counteroffer

A rent-a-judge trial is:

a method of settling a dispute whereby the parties pay a fee to a "judge" to decide the controversy

A debt in which the amount owed is in dispute is called:

an unliquidated debt.

A dispute arose between Minix and Hamburg. The businesses decided to submit the dispute to a panel of retired business persons for resolution. The alternative method of dispute resolution being used is:

arbitration

Interrogatories:

are a set of written questions from one party to the other before a trial to preserve testimony or impeach a witness

Gretchen walked up to Herman's door and rang the bell. Herman answered the door and asked what Gretchen wanted. Gretchen said that she was selling collectors' items. Herman told Gretchen to leave, but Gretchen immediately walked past Herman into the house. Gretchen then showed Herman an old watch, telling him that the watch once belonged to Ulysses S. Grant (38th President of the United States and Civil War hero); in fact, the watch is only 50 years old and was never owned by anyone noteworthy, as Gretchen knows very well. Herman believed Gretchen and bought the watch. Immediately thereafter, Nate entered the room, saw what was happening, and started to warn Herman. Gretchen pulled out a gun and fired it at Nate; the gun contained only blank cartridges, but Nate and Herman both thought that they were about to be killed and fainted. Gretchen took the telephone and left. No one was hurt. Gretchen committed all of the following torts EXCEPT:

battery.

Garden Fresh called VIP Grocery and offered to sell 1,000 pounds of tomatoes. Garden Fresh said that the offer would remain open for two days. The offer:

cannot be revoked because Garden Fresh, a merchant, promised that the offer would remain open for two days

Malice aforethought means:

deliberate purpose or design.

Mikko made the following offer to Ralph: "I will pay you $10 if you agree to mow my lawn." Ralph replied that he would mow the lawn. The contract is an:

executory, bilateral, express contract

Mimi contracted to buy a desk from Office Plus. Mimi paid for the desk and delivery was scheduled for the following Friday. The contract between Mimi and Office Plus is:

executory.

The just compensation under the Takings Clause requires only:

fair market value of the property.

The constitutionality of a state statute authorizing female employees to be paid less than male employees would be tested by the rational basis test to determine if it violates the equal protection clause.

false

A grand jury, after hearing the evidence presented by the state,:

indicts the accused if it thinks there is reason to believe that the accused committed a crime.

North Dakota passed a law requiring preferential treatment of women in awarding governmental contracts. If this law is challenged under the Equal Protection Clause of the U.S. Constitution, the standard for review will most likely be the:

intermediate scrutiny test.

The states have exclusive authority over:

intrastate activities with remote and minimal effect interstate commerce.

The government can regulate speech by all of the following except:

issue

When a court reviews the decision of an administrative agency, generally:

it accepts the agency's findings of fact.

Which of the following is NOT true about a sequestered jury?

jurors were sequestered in the O.J. Simpson civil trial

The compelling state interest/strict scrutiny test is used by the court to determine the constitutionality of government classifications based on race or a governmental action that unduly burdens a fundamental right.

True

The difference between murder and manslaughter lies in the mental state of the defendant.

True

The government must prove the two primary elements in every crime. If only one element is present, no crime exists.

True

The state's concurrent power to regulate commerce ceases if state regulations conflicts with federal law.

True

Tika decided to resign from her job as Chief Designer at Vostco, Inc. and take a similar position at Xiben. Before leaving Vostco, Tika made copies of the blueprints for the new product that Vostco intended to introduce the following year. Tika shared the confidential designs with her new employer. Tika has committed the tort of misappropriation of trade secrets.

True

Treason is the only crime defined in the U.S. Constitution4 and is the most serious offense against the government.

True

When the jurors are deadlocked and unable to reach a decision, it is called a "hung jury."

True

Jacqueline was the bookkeeper for Vop, Inc. To pay a gambling debt, Jacqueline took $5,000 in cash that was to be deposited in Vop's bank account. Jacqueline then altered Vop's accounting records to hide her actions. Which statement is correct?

Vop can initiate a civil lawsuit against Jacqueline to recover the $5,000 and the government initiate a criminal case against her for embezzlement.

Under Section 402A of the Restatement (Second) of Torts establishes the strict liability rule. What is that rule?

A seller will be held liable for a product that contains a defect or is unreasonably dangerous to use. The defect must be in the product when it leaves the control of the defendant. As with other forms of strict liability, the plaintiff does not need to prove negligence or fraud in order to recover. Generally, the plaintiff must show that strict liability applies to this situation, that the product had a defect when it left the defendant's possession or was unreasonably dangerous, and that the plaintiff was harmed.

Respondeat superior means that the superior should answer or pay for the torts of employees that occur in the course and scope of employment.

True

If an innocent person reasonably relies on the misrepresentation and is damaged as a result, the injured person may successfully sue for fraud. Which is not one of the five elements of fraud?

The fact was misunderstood.

Chang-feng has been criminally charged with illegally accessing First Bank's computer system and transferring $5,000 into his account without authorization. In this criminal case, the burden of proof must be met by?

The government

Shannon, a server at Gracie's Restaurant, accidentally spilled some ketchup on the dining room floor. Distracted by a customer, Shannon forgot about the ketchup. Two hours later a customer slipped and fell on the ketchup, breaking her leg. Gracie's may be liable for the customer's injuries because of the doctrine of respondeat superior.

True

The Commerce Clause grants Congress the power to regulate commerce with foreign nations, among the several states, and with Indian tribes.

True

The Constitution represents a significant weapon for businesses to use when they challenge the laws that affect them.

True

The Dormant Commerce Clause—an implied power under the Commerce Clause—rears its head when Congress is silent on the issue but the state law at issue discriminates against out-of-state commercial interests

True

When applying the equal protection clause, which of the following classifications is clearly a suspect class?

Those directed at national origin

Defenses to intentional torts include all EXCEPT:

assumption of the risk.

Corporate liability for crimes can best be described as:

corporations can be convicted of any type of crime.

In a letter to Tonia, Claude wrote, "Melissa is very stupid. She has a low IQ, as has been shown in several private IQ tests that I have administered. I can't understand why a smart person like you would associate with her." In fact, Melissa has a very high IQ, which the IQ tests showed. Claude's statement is an example of:

libel per se.

An expert witness:

may state his own conclusions and discuss hypothetical situations described by the attorneys during trail

Bonavent and Wellington got into an accident and Bonavent was injured. Bonavent sued Wellington for negligence. The jury believed that Wellington's negligence was 35% responsible for the accident, while Bonavent's own negligence was 65% responsible for the accident. The jury also believed that Bonavent's injuries are worth a total of $200,000. In a state that follows the contributory negligence rule, Bonavent will be awarded:

nothing.

In most states invasion of privacy has been extended to include all of the following except:

opinions based on lies.

A plaintiff or defendant can make a motion to dismiss after the opposition has filed:

pleadings

A state government's source of power to regulate business is generally its:

police power

All of the following are defenses for battery except:

provocation

Which of the following is NOT one of the objectives of criminal law?

rehabilitation of the criminal system

The tort of invasion of privacy began with:

someone peering into another's home without permission.

Slander is:

spoken communication that causes a person to suffer a loss of reputation.

The Economic Espionage Act makes it a criminal offense to:

steal trade secrets

The legal form used to obtain records and documents is called a:

subpoena duces tecum

In a collective bargaining agreement, Amber's union agreed to submit any employment-related disputes to arbitration. Amber claims the employer has engaged in gender discriminations. Which statement is probably correct concerning the arbitration agreement?

the arbitration agreement is unenforceable because it was entered into by Amber's union

The law of negligence is based on:

the concept of fault.

In Gibbons v. Ogden,Chief Justice Marshall noted that:

the federal government can regulate commerce that affects other states, even if that commerce is local in nature.

The Racketeer Influenced and Corrupt Organizations (RICO) statute was intended by Congress to remedy a serious problem. This problem was:

the infiltration of criminals into legitimate businesses.

The offeror is:

the person who makes an offer.

An executory contract exists where:

the promises have not been completed by one or more of the parties.

Disparagement occurs when a business product is defamed and requires all of the following except:

the speaker intends to harm the business

A deposition is:

the written or videotaped testimony of a witness taken under oath outside of court

Larceny is defined as:

the wrongful taking and carrying away of the personal property of another without the owner's consent, and with the intent to deprive the owner of the property permanently.

If one act is both a crime and a tort:

there may be two separate suits: a criminal lawsuit and a civil lawsuit.

A justification for treating public figures differently from private individuals with the intentional tort of defamation is:

they have asked for the attention and must accept those consequences.

If the state of South Dakota passed a law that prohibits large trucks from operating on state highways, the law would probably be:

unconstitutional as an undue burden on interstate commerce.

In U.S. v. Lopez, the "Gun Free School Zone Act" was held to be:

unconstitutional as beyond the power of the Commerce Clause.

Identity theft occurs when a thief steals personal information and

uses this information to access the victim's credit.

In many states all of the following activities are recognized as computer crimes except:

using a computer to defame competitors.

Contracts to commit a criminal act are:

void.

Contracts that may be terminated by one or more of the contracting parties are:

voidable.

A health clinic wishes to advertise its prenatal counseling and abortions in the local newspaper. The state passes a statute which makes it a criminal offense for anyone to publish an advertisement encouraging legal abortions. In a lawsuit challenging the law, the health clinic will:

win, because the Constitution protects commercial speech as well as private speech.