Business Law Exam 2 (Ch. 5-8)

They may be admitted as evidence since they were taken pursuant to a valid arrest.

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?

Injury and Causation

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

Cameron is guilty of slander

Cameron doesn't like Bradley, so at a cocktail party he speed untrue rumors about Bradley's lifestyle. These rumors harm Bradley's reputation in the community. Is Cameron guilt? Why or why not?

False

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

False

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

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

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.

Administrative agencies

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.

1. The defendant is always the government in a criminal trial 2. Burden of proof on the prosecution is to prove criminal guilt beyond a reasonable doubt in a criminal trial 3. The defendant is required to testify

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

Tried

A defendant who is indicted will next be:

1. The police are in hot pursuit of a fugitive 2. voluntary consent is given to the search 3. evidence of a crime is in plain view of the police officer

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

False

Administrative agencies operate only at the federal level

False

Administrative hearings are held before a jury, just as are court hearings.

Legislative rules

Administrative statues issue by an agency are known as ____________________________.

False

All agency decisions must include a statement of findings of fact and conclusions of law and the reasons or basis for them, as well as a statement of the appropriate relief.

False

An administrative agency must always use formal procedures to resolve matters.

False

An administrative agency's discretion to compel the disclosure of information is subject to any legal privileges to withhold such information.

Both the employee and the employer are liable

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

Could be either defamation or false light

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. She is guilt of what?

Arraignment

Another name for an indictment is an:

It is unlikely that Arthur has the necessary intent to commit a tort

Arthur fired a gun in the middle of the desert. He intended to fire the gun, but had no reason to believe anyone else was in the area. The bullet hit Bob, who happened to be riding his ATV across the desert. Is Arthur guilty? Why or why not?

Arraignment

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

Prohibits unreasonable search and seizure

The Fourth Amendment to the Constitution does what?

False

The Freedom of Information Act and the Government in the Sunshine Act are different names for the same statute.

Environmental Protection Agency

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

Tort

The Hometown News snapped a picture of Time 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. What are they now guilty of?

Defamation

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.

False

The tort of defamation is best defined as the unreasonable public disclosure of private facts.

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

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. Can the police search her apartment? Why or why not?

False

Under the informal rule making procedures of the APA, an agency must provide notice of a proposed rule only if there is a good cause.

The conclusions reached must be supported by such relevant evidence as a reasonable mind might accept as adequate to support a conclusion

What is required by the substantial evidence test?

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

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 rout. All of them refuse except for Sam, who has never tried it before. When Paul encourages Same to try it and Sam lights up the joint, Paul arrests Sam for possession of a controlled substance. Because of this, Sam can:

The trespassory taking and carrying away of personal property

The crime of larceny includes in its definition:

Mens rea

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

1. Through it budgetary power 2. By amending an enabling statute to increase, modify, or decrease an agency's authority

The legislature may exercise control of administrative agencies in various ways. These are:

Appoint and remove the chief administrator of those agencies

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

False

Federal agencies may not charge for providing records to a person requesting access to the agency's files.

Predicate Act

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

Bryant is subject to fines and to imprisonment of up to 20 years.

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

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

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

1. Whether the agency violated any constitutional provision 2. Whether the agency acted contrary to the procedural requirements of the law 3. Whether the agency exceeded its authority

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

To satisfy the Due Process Clause of the Fourteenth Amendment, a punitive damage aware by a state court must not be "grossly excessive" or arbitrary

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

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.

in the tens of billions of dollars

Losses due to computer crimes are estimated to be:

1. Have standing 2. Have exhausted their administrative remedies 3. Be a party injured by the agency action

Parties that seek to challenge agency action must:

Formal Rulemaking

The APA's requirements that the agency provide prior notice of a proposed rule, an opportunity for interested parties to participate in the rule making, and publication of a final draft containing a concise general statement of the rule's basis and purpose are the requirements for issuance of rules in accordance with:

Truth and privilege

Two absolute defenses to the tort of defamation are:

Committed the crime of forgery

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:

The evidence will be excluded from use at trial

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

The administrative process

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

A prohibition against cruel and unusual punishment

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