BUL3320 EXAM 1

Kevin run a red light and hits Laura's car. She sues an claims the following losses:

$10, 000 - current and medical expenses

Moral pressure constitutes false imprisonment.

FALSE

Neville files a suit against Olina. If Olina fails to respond,

Olina will have a default judgment entered against her.

Minimum contacts with a jurisdiction are never enough to support jurisdiction over a nonresident defendant.

FALSE

The federal courts are superior to the state courts.

FALSE

The sanctions imposed on criminal wrongdoers are the same as those applied in civil cases.

FALSE

Lou enters Mountain Triathlon, an athletic competition in which Lou has never competed. Regarding the risk of injury, Lou assumes the risks:

normally associated with the triathlon.

Falsifying public records or altering a legal document is larceny.

FALSE

For fraud to occur, seller's talk must be involved.

FALSE

In most legal controversies, there is one single correct result.

FALSE

Tort is a French word meaning "court."

FALSE

In a criminal case, the state must prove its case by a preponderance of the evidence.

FALSE

Corporations, unlike persons, cannot be liable for crimes.

FALSE

Brian sneaks up on Tom, hits him with a baseball bat and knocks him unconscious. Tom never saw Brian coming. Tom wakes up with a horrible headache. Which of the following torts has Brian committed?

Battery

Beth is a passenger in a car that Caleb is driving when an accident occurs. Both Caleb and Beth are emotionally rattled, but neither is physically hurt. Caleb is not liable to Beth on a negligence theory because:

Beth was not injured.

The customer of a store who is at the store for purposes of doing business would be classified as what type of visitor while on the store's premises?

Business invitee.

April asks her boyfriend Carson to drive her car to the repair shop. He drives her car...to California. Carson has committed which crime?

Embezzlement.

After both sides have rested their cases, only the plaintiff's attorney makes a closing argument.

FALSE

Business owners have no duty to exercise reasonable care to protect invitees.

FALSE

The 1803 case Marbury v. Madison established what power for a court?

Judicial review.

Which of the following is true regarding the use of peremptory challenges based on gender?

Peremptory challenges may not be based on gender.

Corporate officers and directors may be held criminally liable for the actions of employees under their supervision.

TRUE

Failure to live up to a standard of care may be an act or an omission.

TRUE

If a person in custody is to be subjected to interrogation, he or she must first be informed that he or she has the right to remain silent.

TRUE

If no harm results from an allegedly negligent act, there is no liability.

TRUE

In Florida, a felony of the third degree is punishable by up to five years in state prison.

TRUE

Occasionally, the courts award punitive damages in tort cases to punish the wrongdoer and deter others from similar wrongdoing.

TRUE

The Florida legislature passes a law regarding the name of a corporation. This law becomes a part of the body of law known as statutory law.

TRUE

The crime of bribery occurs when the bribe is offered—it is not required that the bribe be accepted.

TRUE

The decision of a state supreme court is binding on a lower state court located in the state.

TRUE

The use of additional evidence distinguishes the motion for summary judgment from the motion for judgment on the pleadings.

TRUE

To prepare for a trial between SmartPhones, Inc., and TechApps Company, TechApps' attorney places SmartPhones' chief executive officer (CEO) under oath. A court official makes a record of the attorney's questions and the CEO's answers. This is:

a deposition.

Bette backs out of City Parking Garage, colliding with Tom's car and thereby causing damage to the vehicle. Tom may recover the cost of repair if Bette failed to act as:

a reasonable person.

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

appropriation.

Hayley is injured in an incident precipitated by Isolde. Hayley files a tort action against Isolde, seeking to recover for the damage suffered. Damages that are intended to compensate or reimburse a plaintiff for actual losses are:

compensatory damages.

Kimberly, the owner of Littleton Cinema, trusts Max to manage the theater's daily cash flow. One night, without Kimberly's knowledge or consent, Max takes and keeps $1,000 from the receipts. This is most likely:

embezzlement.

Fresh Harvest Company, which is based on Georgia, packages and sells vegetables. Hayden, who is a resident of Indiana, buys a Fresh Harvest product, eats it, and suffers severe food poisoning. Hayden wants to file a suit against Fresh Harvest. The diversity of citizenship between these parties means that:

federal and state courts have concurrent jurisdiction.

Megan reaches into Ned's pocket and takes his wallet—without his consent and without his immediate awareness. Unlike robbery, picking pockets does not involve:

force or fear.

Larry is an employee of Motor Parts, an auto parts store. On the orders of his employer, he switches trademarks on parts that come into the store to be sold to consumers. This is most likely:

forgery.

Brady knows that the brakes on his car do not work, but he tells Calliope, a potential buyer, that there are no problems with the car. On this assurance, Calliope buys the car. On learning the truth, she may sue Brady for:

fraudulent misrepresentation.

Cook's Pantry Appliances, a retail store, must use reasonable care on its premises to warn its patrons of:

hidden risks.

The Pennsylvania legislature enacts a state law that violates the U.S. Constitution. This law can be enforced by:

no one.

Rafael causes a multi-vehicle accident on a city street. Rafael is liable to:

only those whose injuries could have been reasonably foreseen.

David arrests Lisa on suspicion of embezzlement. According to the United States Supreme Court, Miranda v. Arizona, Lisa must be apprised of certain constitutional rights:

prior to any police interrogation.

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

robbery.

Elaine and Jack enter into a contract for the sale of a car, but Jack later refuses to deliver the car. Elaine asks a court to order Jack to perform as promised. Ordering a party to perform what was promised is:

specific performance.

In a criminal case:

the defendant is entitled to a lawyer even if she cannot afford to pay for a lawyer himself.

Jackie, an accountant, distributes an advertisement to her business clients and potential customers accusing her competitor Ted of being a convicted thief. The statement is defamatory if:

the statement is false.

Ballpark Sportsfield, Inc., files a suit against Concessions & Tailgate Services. The document that informs Concessions & Tailgate that it must file an answer within a specified time period is:

the summons.

The person who commits a tort is called a __________________?

tortfeasor