Bus 250 Flautt Final Exam

From least to most serious, crimes are classified as follows

infractions/misdemeanors/felonies.

The first step in creating an agency relationship is

A principal manifesting some offer to form an agency.

The U.S. Constitution requires that all state court judges be appointed by the state's governor and approved by the approval of the state's legislature.

False

The centerpiece of a fiduciary obligation is the agent's duty to act with due care when performing the responsibilities of the agency.

False

The common law is the law that all states follow to avoid confusion and to promote consistency from state to state.

False

The fundamental underlying concept of corporate social responsibility is that conscience resides in individuals but not in a corporation itself.

False

The power of courts to establish law in matters not specifically addressed by statutes is very limited in common law countries.

False

The primary difference between arbitration and other forms of ADR is that arbitration is quicker.

False

The term litigation refers to the trial but does not include pretrial events as well.

False

Rachel ran a food truck business. Willow told several of Rachel's customers that in her opinion, Rachel was the "biggest jerk" she knows. As a result, some of Rachel's customers stopped buying food from her truck. Rachel is considering a lawsuit against Willow for defamation. Assuming you are Rachel's legal counsel, what is the best and most accurate legal advice?

Rachel does not have a good case for defamation because Willow's statement is pure opinion.

Business ethics refers to the application of general ethical principles to situations in the business world.

True

A state probate court, which hears only wills and estates matters, is generally described as having limited authority or jurisdiction.

True

A zoning law that regulates what a landowner may or may not do with his or her privately owned property is an example of a public law.

True

An agent is generally prohibited from using his or her own judgment as a substitute for the principal's judgment unless specifically authorized by the principal.

True

Which amendment provides for the right to keep and bear arms?

2nd

Which amendment provides for the right to a speedy trial?

6th

Which of the following courts renders decisions binding only on the parties involved in the dispute?

A U.S. District Court.

Which of the following is true of agency law?

Agency law is primarily state statutory law.

State long-arm statutes are used to establish subject matter jurisdiction over out-of-state defendants.

False

_______________ courts in Mississippi are considered to be courts of equity.

Chancery

Big Manufacturing was interviewing Blondell for a position as a production line manager. He had excellent references for working hard and competence, but one of his references told the hiring supervisor that Blondell had a temper and seemed like he was always "ready to explode." Since Big Manufacturing needed a manager fast, they took their chances and offered Blondell a job. Within a month after being hired, Blondell screamed at a group of tourists visiting the factory and punched Craig, a man who shouted back at him. Craig sued Big Manufacturing for his injuries. What result?

Craig wins under the doctrine of negligent hiring.

Sharma was a trial attorney representing a defendant in a lawsuit. She was asking a series of leading questions of a witness for the opposing party in a lawsuit. These questions came after the plaintiff's attorney had asked questions of the witness. What is this form of questioning called?

Cross examination

Sharron was a trial attorney representing a defendant in a lawsuit. She was asking a series of questions of a witness for the plaintiff. These questions came after the plaintiff's attorney had already asked questions of the witness. What is this form of questioning called?

Cross examination

Which of the following statements is true?

Dispute resolution requires a cost-benefit analysis.

What constitutional principle requires that similarly situated people be treated similarly by government?

Equal protection

A court may hear a case if it has jurisdiction over either the subject matter of the dispute or the parties in the case.

False

A public official or public figure can win a defamation case only by proving actual malice by the defendant.

False

An agent may work for two principals at the same time if the agent deals fairly with both.

False

At trial, the judge decides the facts and the jury decides the law.

False

Congress's broadest powers are derived from the Bill of Rights.

False

Courts apply a subjective standard when examining the existence of offer and acceptance by the parties when they created an agency relationship.

False

Diversity jurisdiction must be shown to bring an appeal in a state's highest court.

False

E-mail communications between parties in an ongoing business relationship have been found to create sufficient minimum contacts to establish personal jurisdiction without a separate physical presence, and this rule is the prevailing law throughout the United States.

False

Eminent domain refers to the government's ability to take private property for public use, but only when the private land owner agrees to it.

False

Harrison was arrested for burning the United States' flag in a protest of governmental policy. Even though his action might be protected under the First Amendment's guarantee of free speech, because the flag burning is unpatriotic, it is a criminal offense.

False

If a defendant is found guilty in a criminal trial, he or she may not appeal due to double jeopardy.

False

If a jury acquits the defendant at the end of a trial, the prosecutor may retry the defendant on the same charges without violating the defendant's double-jeopardy protection under the Constitution.

False

If the police fly over your home with a helicopter and observe your activities using binoculars or a telephoto lens, this would constitute an illegal search if done without a warrant.

False

In civil cases the standard of proof used by state trial courts is a preponderance of the evidence, while in federal trial court the standard of proof is beyond a reasonable doubt.

False

Jessica was caught shoplifting at a department store both by employees who witnessed the act and by cameras in the store. The store's management may hold her as long as it takes to get her to confess.

False

Jethro is having a sweet-16 birthday party for his daughter Kate in his backyard. To make the party special, he hires Tony to put on a fireworks display. He found Tony through a classified ad in the local newspaper. He hires Tony after a brief phone conversation in which Jethro told Tony he wanted the fireworks to begin at 8 p.m., make it last 16 minutes, and make it spectacular. They did not discuss Tony's background and experience, and no safety parameters are mentioned or discussed. During the finale, one of the rockets malfunctions and explodes amid the party guests, injuring eight people. Jethro has no liability because Tony was an independent contractor.

False

Jonathan is a junior in college and has started dating a secretary who works in the college president's office. She is madly in love with him, and when he asks for the passwords to access the school's main computers, she gladly gives them to him. He uses the passwords to change his grades. Jonathan has violated the Sarbanes-Oxley Act.

False

Micah goes to his local bike shop to buy a cyclometer (which measures speed, distance, etc.). He tells the salesperson that he wants the best cyclometer on the market, and she shows him a cyclometer and states that particular brand and model was actually used by some participants in the Tour de France bicycle race and is the best Micah can buy. Micah buys the cyclometer. As it turns out, 8 of the 189 Tour riders indeed used the brand and model bought by Micah, with the other 181 using various other brands and models. In actuality, there is no acknowledged top brand and model, and use is subject to personal tastes. The salesperson has committed a fraudulent misrepresentation by stating that the brand and model sold to Micah was the best.

False

Milio is having coffee in a coffee house when he sees Jordan, who is the dean of a Midwest business school. Milio used to teach at Jordan's prior school and was considered a very valuable faculty member. They haven't seen each other for years, and Jordan has no idea what Milio has been doing or where he's currently working. She tells him that she has a position for him if he's interested. The next day Milio quits the university he's under contract with and signs a contract with Jordan's school. Jordan's school can be sued for tortious interference with existing contractual relationship.

False

Ms. Bobbin, your ethics teacher, is a first-year professor, just out of school, and she is very tough and demanding. You've done poorly on the first two tests, and you think it's her fault. Someone tells you that she has a criminal past, and, without verification, you spread this allegation. In fact, Ms. Bobbin has been a model citizen and never broken the law. As a result of your actions, she is put on probation, pending an investigation. She cannot sue for defamation because, as a professor, she is a public figure and your conduct was intentional but not a careless disregard of the truth or an act done with malice.

False

One of the major functions of criminal law in general is to compensate parties for damages caused by another's conduct.

False

Peter and Paul are business associates. The police enter the business with a search warrant because Peter is under investigation for a crime. When the police ask Paul to answer some questions, he agrees, but one of the questions, if answered, might make him culpable too. Paul must answer the question because he is not under investigation and therefore does not currently have the right against self-incrimination.

False

Procedural law establishes a party's rights, duties and remedies within a given area of the law.

False

Regarding defamation, a qualified privilege exists in courtrooms and legislative hearings.

False

Transcripts of ADR proceedings are required to be available to the public.

False

Your professor is a partially disclosed agent representing your school.

False

Your professor is in the middle of her lecture when the dean from a competing school walks into class and offers her a position at his school at double her present salary. When she asks when the position will start, he says tomorrow. Your professor looks at the class, says good-bye, and walks out to start cleaning out her office. Your school can sue your professor for tortious interference with an existing contractual relationship.

False

Selina has been served with a summons and complaint. Which of the following options does she have?

File a motion to dismiss

Which of the following situations will create diversity jurisdiction?

Forrest, a resident of Georgia, is suing Bubba, a resident of Alabama, for $150,000 for injuries Forrest alleges Bubba caused him when he ran over Forrest's foot with his truck.

Gertie was sitting on her porch when she saw William, a person who lived down the street from her whom she occasionally spoke to, walking by, texting on his phone. William turned towards the street, not paying attention to his surroundings. Gertie saw he was about to walk into the path of an oncoming truck but did not warn him and watched as he was hit by the truck and flew through the air. William was badly injured and sued Gertie. What is the likely result?

Gertie wins because there was no special relationship between her and William.

Which of the following would be an example of a civil lawsuit?

Gretta hit Rita in a bar during happy hour. Rita is now suing for her injuries.

Isabelle was a reporter for KTUV News. She reported on the nightly news that Sharaf, an engineering professor at the city's university, was a prime target of a State Department terrorism investigation and was credibly accused of aiding international terrorists to attack the United States. Although Isabelle had received this information from a reliable government source and had no malice against Sharaf, the story was completely false, Sharaf was innocent. Sharaf's reputation in the community was ruined. His friends avoided him and students stopped signing up for his classes. He was eventually fired by his dean. Which of the following is Isabelle guilty of?

Isabelle is not guilty of defamation due to a qualified privilege.

Luke hit a golf ball from his front yard into a parking lot. The ball smashed the window of Abigail's car. The type of law that gives Abigail the right to be compensated monetarily for Luke's conduct is which of the following?

It is civil and substantive.

Which of the following is correct of legally mandated arbitration?

It is nonbinding and gives the losing party the automatic right to appeal.

Which of the following is true of arbitration?

It is similar to a trial in that the arbitrator functions much like a judge.

Which of the following is an accurate statement regarding Alternative Dispute Resolution (ADR)?

It keeps the parties involved talking rather than fighting.

If the title of an appellate court case appears as Jones v. Smith,

Jones is the appellant and Smith is the appellee.

The two most common formal methods of ADR are:

Mediation and arbitration

Which of the following will not create minimum contacts in a state sufficient to find personal jurisdiction on an out-of-state defendant?

Modern Pharmaceuticals maintains a website that provides customers information about its products, as well as email addresses and phone numbers for regional sales representatives from whom customers can purchase products.

Which of the following would create a case with concurrent jurisdiction?

Myron, a resident of Missouri, is suing Zandra, a resident of Maryland, for $100,000 because Zandra accidentally dropped a sledgehammer on Myron's big toe.

Which of the following is an example of apparent authority?

Nalon, the president of Nalco, told Greeves, a customer, that his friend Fannie was his national sales manager. This was not true, but Greeves reasonably believed it and entered into a contract with Fannie.

Thomas Jefferson wrote: "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness." Which of the following ethical views does this most closely represent?

Natural law

Which of the following must a court have to exercise jurisdiction over a matter?

Personal jurisdiction and subject matter jurisdiction

Quintin works as a telephone lineman for Shell Telephone. While driving to a job site, he noticed the truck's power steering was making a bit of noise. Quintin stopped and checked the power steering fluid gauge, which registered as low. He then bought some power steering fluid for $5 at Auto Parts Emporium, added it, which was a simple operation not requiring a mechanic, and the truck worked fine thereafter. If Quintin seeks reimbursement for the fluid, is Shell required to provide it?

Shell will be required to reimburse Quintin for the cost of the fluid based on implied authority stemming from his express authority to drive the truck.

Big Bob worked for Transfer Trucking (TT) as a driver and was an agent of TT. Big Bob drove a regular route, making deliveries along the way. One day Big Bob drove 60 miles out of his way and off the normal route to see the launch of a space ship. While driving to see the launch, Big Bob was distracted and negligently smashed his truck into a car driven by Austin, injuring him. Austin is now suing both Big Bob and TT for personal injuries. Under the circumstances

TT is not liable because Big Bob was on a frolic of his own.

Which of the following scenarios would most likely result in strict liability?

The brakes on Jose's new car where improperly installed at the factory resulting in him hitting a telephone pole and getting whiplash.

Michelle is driving at night when a policeman pulls her over for a blown taillight. When he approaches the car, he shines his flashlight into the car and sees a bag of white powder on the back seat. The officer orders Michelle out of the car and then reaches in to seize the bag. A quick examination leads him to believe that the bag contains cocaine. He arrests Michelle and takes her to the station. Was the officer's search legal?

The officer conducted a legal search of areas which were openly visible because he may look into the car and may use simple mechanical devices, such as a flashlight, to aid his search without a warrant.

Bennie's goal in life, as CEO of Nature's Finest Organic Foods, was to provide eco-friendly food products imported from third world farmers. His company motto, which was printed on every label of his products, was: "Do the most good and the least harm for the world." Which of the following approaches does Bennie's corporate slogan best represent?

The utilitarian approach to ethics

A company's code of conduct and code of ethics may be combined into a single document.

True

A court may exercise personal jurisdiction over a business entity.

True

A motion for a judgment as a matter of law is called a motion for a judgment non obstante veredicto in some states.

True

A person cannot be guilty of negligence if he or she has no duty owed to the plaintiff.

True

A potential juror who worked with a litigant may likely be disqualified as a juror based on a challenge for cause.

True

A single wrongful act may violate civil law or criminal law, or it can violate both simultaneously.

True

A state court may not unilaterally declare or decide that the proper venue for a case should be in another state.

True

Diversity of citizenship is a form of federal personal jurisdiction when the amount in controversy exceeds $75,000.

True

Ethical problems faced by business managers hardly ever come down to a clear choice, with one option being the most ethical choice.

True

Faye is driving when she sees an accident occur a half mile in front of her. Sarah has negligently swerved her car, forcing Lindsay's car off the road and into a tree. Lindsay is thrown from the car and appears injured. Faye stops to render aid, and while helping Lindsay, she slips and breaks her leg. Sarah is not liable in negligence for Faye's injury because the injury was not foreseeable and Sarah's act was not the proximate cause of Faye's injury.

True

Generally speaking, managers feel better about themselves when they behave ethically.

True

Generally, all e-mails, text messages and any included attachments relevant to a dispute are discoverable in a civil lawsuit unless protected by a legal privilege.

True

In Palsgraf v. Long Island Railroad Co. , the court first articulated and established the concept of proximate cause.

True

In an agency relationship, one party agrees to act as an agent for another party.

True

In the typical business context, ADR is invoked either via contract or by mutual agreement.

True

John has just handed in a major required report to his professor, and after careful scrutiny, the professor finds numerous instances of plagiarism. If the school policy and the professor's personal perspective follow a principles-based approach, John should be charged and suffer whatever penalty is prescribed by school policy.

True

Jurisprudence is roughly defined as the science and philosophy of law.

True

LaMonte has sued Jarod and received judgment in the amount of $24,000. LaMonte is a judgment creditor.

True

Legally mandated arbitration is nonbinding arbitration.

True

Minimum contacts in a state need not be shown if an out-of-state corporation's conduct has the reasonably foreseeable potential to cause injurious effects to a forum state plaintiff.

True

Obscene speech is not protected by the First Amendment.

True

Officer Jones is a policeman on a foot patrol at Ole Miss. When he passes a group of three students, he smells what he believes to be the odor of marijuana even though he does not see any of the three students actually possessing it. He may conduct a limited pat-down search of the three students to determine whether any have marijuana on their person.

True

Salena is walking her 6-month-old baby in a stroller. Marlon, a stranger, looks into the stroller and says, "Wow, that's one ugly baby." Salena is furious and sues Marlon for intentional infliction of emotional distress. Salena will likely lose.

True

The Pines, a small motel and campground at Sardis Lake, may be subject to federal regulation because it often has guests from other states who fish and boat at Sardis Lake, and hang out at Rafters on the Water on weekends. It is also an attractive destination for Ole Miss football fans from Arkansas and Tennessee during the fall.

True

The exclusionary rule is controversial because it tends to benefit guilty parties by suppressing evidence that is often instrumental in convicting them.

True

The law can be defined as predictions of the way in which a court will decide specific legal questions.

True

The majority of cases filed in the U.S. are filed in state courts.

True

Under the doctrine of federalism, Congress cannot create a statute on just any topic.

True

Utilitarian notions are different than Immanuel Kant's categorical imperative.

True

When the judge issues the jury instructions, the judge is said to be charging the jury.

True

An ex post facto law is

a law that criminalizes an act that occurred before the law was enacted.

An example of a forum selection clause is

a provision in a contract between Levin and Anna which says that if there is a dispute between the parties, it will be in a court within Levin's state.

Stephanie is a chancery court judge in the state of Mississippi. Blair is a resident of Mississippi and is filing for divorce. Stephane's court serves Blair's county. It would be accurate to say that in Blair's case, Stephanie's court has jurisdiction that is

based on subject matter, personal, and original.

In a civil case, the plaintiff must prove the case

by a preponderance of the evidence.

The President of the United States

can veto Congressional legislation.

The common law of torts is primarily intended to

compensate victims.

The United States Congress has the power to

conduct impeachment trials of the President and federal judges.

The government itself prosecutes the wrongdoer in a case involving behavior so threatening that society outlaws it altogether. This kind of case involves

criminal law.

The legal process and safeguards given to individuals in the U.S. during criminal investigations, arrests, trials, and sentencing is known as

criminal procedure.

Paul Oliver chooses to devote his efforts to producing a wine that is has the greatest health benefits possible. He does so because he wishes to promote healthy living and to avoid individual and societal illnesses and disabilities due to alcohol use and abuse. He believes he has a duty to provide the public with the most "health-friendly" wine possible. Paul Oliver's approach to ethical decision-making is best characterized as:

deontological

Basic Technologies manufactured an engine that was used in small airplanes. The engineers specified B-grade wiring to be used in the engine. When Bonnie flew an airplane with a Basic Technologies engine, the wiring failed and the plane crashed, injuring her. Bonnie claimed that the plane should have had the more heavy-duty A-grade wiring on the engine. Bonnie is claiming which of the following products liability defects?

design

Ben is the manager of a branch of a large bank. He has regularly taken money from customers' accounts for his own use and changed the bank records to cover his actions. Ben is guilty of

embezzlement.

Frosty and Sunny agreed to an agency agreement where Frosty would work for Sunny from January 1 until April 1. On April 1, the agency will terminated by

expiration

The IRS three-prong test includes which of the following elements?

financial relationship.

Honest Bill the used car salesman told Fran, a prospective customer, that the car she was considering had only been driven by a little old lady on Sunday and had only 30,000 miles on it. Honest Bill knew this was a lie and that the mileage had been altered, as the car actually had 230,000 miles on it. Which of the following would Honest Bill's actions be if Fran buys the car in reasonable reliance upon his lies and the car breaks down a week after she buys it?

fraudulent misrepresentation

When an appeal is filed with the U.S. Supreme Court, the Supreme Court

has discretion as to which cases it hears.

Karen is a strong swimmer. One afternoon she is having a picnic at a lake and sees a man she does not know drowning. Generally, Karen

has no legal duty to rescue the man.

Diversity of citizenship jurisdiction involves a case

in federal court with diverse parties and a controversy over $75,000.

The principal difference between in rem and in personam jurisdiction is

in rem jurisdiction involves property, in personam jurisdiction is over the parties to a dispute.

A grand jury will issue a[n] ________ if its investigation indicates that a defendant should be held over for trial.

indictment

The three primary categories torts fall into are

intentional torts, negligence and strict liability.

A jury decision in a civil case

is achieved by informal deliberations.

Bennie was appointed by the state to act as a disinterested go-between, helping two parties to a lawsuit to resolve their dispute. Bennie's job did not allow him to make a final decision in the matter. Bennie is known as a/an: ______________________.

mediator

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

According to the text, the primary difference between intentional torts and negligence is the

mind-set of the tortfeasor.

Sharice was working on a scaffolding 20 feet above the ground when she carelessly tossed her power drill to a co-worker. It fell to the ground and landed on Gardner, a visitor to the construction site, injuring him. What category of tort is this?

negligence

An independent contractor agent is

not considered an employee of an organization and has no legal protections of an employee.

Judicial review is the power

of the Courts to invalidate laws inconsistent with the constitution.

A misdemeanor is punishable by

one year or less of incarceration.

Maria is the CFO of a company being investigated by the SEC for various alleged violations. Each of the following would constitute an obstruction of justice except

refusing to answer questions and invoking the Fifth Amendment.

Walker, a federal court judge in Oxford, cited several prior cases in reaching her decision in a case, deciding her case in a manner similar to the cases she cited. This is known in the law as the process of:

stare decisis

Butler was shopping at Sky Mart and slipped and broke his tailbone because an employee had dropped a gallon of milk in the aisle. This was on October 25, 2019. The state law that requires Butler to file his lawsuit by October 25, 2022, is known as a/an ________________.

statute of limitations

Formal action in a lawsuit begins when the plaintiff files a _______.

summons and complaint

Treaties with foreign nations can only be made by ________ and ratified by ________.

the President; the Senate by a two-thirds vote

Fran was walking down the sidewalk when she was approached by Sherm, who held a gun to her head and threatened to shoot her if she did not break into a car and steal a computer he saw inside. Fran did so and was arrested when her fingerprints were later found on the car. Under these circumstances, Fran has

the defense of duress.

Venue is

the determination of the most appropriate location for the dispute.

With regard to negligent hiring, courts would require the least amount of scrutiny regarding a

warehouse worker