Business Law Exam 2

When playing soccer, two players go for the ball at the same time. Player A misses the ball and kicks player B, whose leg is broken. If B sues A for negligence, A's defense will likely be:

c. consent

the copying of a genuine item without authorization, especially when passed off as the original item is:

c. couterfeiting

under the constitution, any _____ must be disclosed to the defendant.

c. exculpatory evidence

a person may use which of the following as a defense to the tort of trespass on land:

c. helping someone in danger

Sending materials containing false information through the post office can lead to a conviction of:

c. mail fraud

When intellectual property, such as copyrights, patents, trade secrets or trademarks, is taken by others without permission, there is a tort of:

c. misappropriation

when a local government regulates the way in which homeowners may use their land, this is an exercise of the government's:

c. police powers

company B used dangerous acid made by Company A in its production. B fails to warn a new employee of the risks in using the acid and the employee is injured. If Company B is sued by the employee, its defense will be that A and the employee are:

c. sophisticated users

the ___ doctrine holds manufactures liable to consumers injured by defective products regardless of whether the manufacturer exercised all reasonable care or not:

c. strict liabilty

which is not a necessary element of negligence:

c. the wrongdoer's actions were motivated by malice

the most common defense to a claim of defamation is:

c. truth

illegal drug possession is an example of what is often called:

c. victimless crime

since the 1920's the primary method of local land control has been:

c. zoning

the initial court appearance for a person accused of a crime during which the government attorney presents the criminal charges is called:

c. an arraignment

which of the following activities is an example of an ultrahazardous activity:

c. blasting with explosives

which of the following is an example of something regulated by a zoning rule:

c. building size

which of the following would not be considered to be a white collar crime:

c. burglary

the sine qua non rule is also known as the:

c. but for rule

during the 19th century, parties injured by a defective product, who did not have a contractual relationship with the seller, were under the rule of:

c. caveat emptor

the tort of emotional distress protects from conduct that goes beyond the bounds of decency, but not from:

a. an insult

defenses of insanity and intoxication in criminal cases:

a. are rarely successful

defenses to a negligent act include:

a. assumption of risk

failing to file a suspicious activity report:

a. can lead to both civil and criminal penalties

cary allows Kail to ride his horse on trails located on cary's 800-acre ranch, whenever he wants, for $1,000. this arrangement is generally known as:

a. an easement

a plea bargain allows:

a matter to be settled under the supervision of a judge without a trial

in a tort of negligence, causation is:

a. a basic element linking one party's act and another's injury

a quitclaim deed is:

a. a deed of conveyance that passes whatever interests the grantor had in the property

Property owners have:

a. a duty to inspect premises for danger and correct the problem or warn invitees of the dangers

worker compensation statutes are an example of:

a. a potential statutory limit on workplace tort liability

in a case in which a doctor is sued for negligence due to an accidentally botched surgery, the reasonable person standard would be that of:

a. a reasonably skilled, competent and experienced doctor

While sitting beside a swimming pool, a neighbor, Bob, a roof installer, tells you that you should buy stock in HotNet because it is about to skyrocket in value. You invest all your money in the stock, which then drops to zero. You can successfully sue Bob for:

a. cannot sue Bob for misrepresentation

In some residential subdivisions, only single-family homes are allowed, and they must be at least 2,000 square feet, brick construction, with no dog houses. These terms are:

a. covenants

after receiving reports from the police or other investigators prosecutors:

a. decide whether or not to bring charges

a manufacturer of a commercial French-frying machine was sued after someone using the machine reached in to retrieve an item that had fallen out of his shirt pocket. the plaintiff was seriously burned as a result. the appellate court upheld the trial court's decision that imposed liability on the manufacturer based on:

a. design defect

in a criminal case the defendant:

a. has no obligation to disclose evidence to the prosecution that shows the defendant is guilty

the tort of emotional distress:

a. involves conduct that is so outrageous that it creates severe mental or emotional distress in another person

Real property differs from personal property in that real property:

a. is immovable while personal property is moveable

if one has the right to occupy a piece of property until their death, at which point title to the property passes to heirs who have been named by the owner of the property, there is a:

a. life estate

it is difficult to keep politics out of decisions about which crimes to prosecute because:

a. many state and local prosecutors are political positions

if the jury cannot decide on a verdict then a ___ is declared:

a. mistrial

under the constitution, any exculpatory evidence:

a. must be disclosed to the defendant

in an intentional misrepresentation suit, the facts alleged to have been presented falsely:

a. must be material

Under the rule of caveat emptor, the producer of a defective product that caused injury to a consumer was:

a. not liable unless there was a contractual relationship between producer and injured party

a manufacturing defect is one which:

a. occurred during the manufacturing stage and for which the consumer will be compensated

with regard to torts, New Zealand differs from the U.S. in that:

a. personal injury tort suits are not allowed

Chattel is the traditional term for:

a. personal property

under the strict liability doctrine, the focus is on the manufacturer:

a. problems with the product

The law of torts recognizes two kinds of nuisances, these are:

a. public and private

the tort involving spoken defamatory communication is:

a. slander

if a crime is not prosecuted within the time set by the ___, then the state loses the right to bring suit:

a. statute of limitations

if the government can prove beyond a reasonable doubt that 1) the accused committed the illegal act, and 2) that there was necessary intent or state of mind to commit the act then:

a. the accused will be convicted of the crime

If the chain of custody is broken when gathering evidence for a criminal case:

a. the evidence is excluded

a joint tenancy is one in which:

a. two or more persons have equal interests in the property with rights of joint surviorship

design defect cases focus on:

a. whether an injury could have been prevented by designing the product differently

In Smith v. Kulig, Smith was killed when visiting his friend who rented an apartment from Kulig, when the fire escape at the back of the building collapsed under Smith, the courts held that:

b. Smith was not a trespasser on the premises, but Kulig still had no duty to protect him

Linda buys a house in Grover Square. Her deed contains the following: "no homeowner in Gover Square shall erect a fence of any sort (with the exception of buried electronic fences) around his or her property." this clause is:

b. a covenant

you are arrested by the police, who suspect you of a crime:

b. a government prosecutor will decide if you will be charged with a crime

if you rent an apartment, the apartment is known as:

b. a leasehold

as discussed in the chapter, which would be the best definition of crime?

b. a positive or negative act that is an offense against a state or federal government.

Thoni Manufacturing disposes of its waste water by dumping it into the Cowpasture River. This contaminates the water supply of the city of Covington. This example shows:

b. a public nuisance

intentional conduct that places a person in fear of immediate bodily harm or offensive contact is the tort of:

b. asault

a superseding cause is an act that:

b. breaks the casual connection between a person's act and the resulting harm to another

in addition to damaging a reputation of a person, defamation can involve:

b. damage to the good name of a company

the theft of valuable business info, such as a trade secret is:

b. economic espionage

the most common form of real property ownership is:

b. fee simple

The law of product liability is primarily concerned with:

b. harms suffered by buyers and other persons who use defective products

if there is a dangerous condition on a property, the landowner:

b. has no duty to warn trespassers of the danger

James's employer published a picture of him on the company website without James's permission. James could sue the company for:

b. invasion of privacy

if it is not clear who the actual manufacturer of a product is plaintiff's:

b. may sue any or all of the manufacturer of a defective prodduct

In Baxter v. Ford Motor, where Baxter lost an eye because the glass in his car windshield was not shatterproof as:

b. misrepresentation in advertisements

which of the following is not a category of intentional tort:

b. murder

the tort that protects individuals from harm based on careless and unintentional conduct of others is called:

b. negligence

a major purpose of tort law is to:

b. provide compensation for injured parties by wrongdoers

which of the following would be least likely to be an invasion of privacy:

b. publication of info about a person taken from public records

albert is attacked by bruce while getting out of his car in a store parking lot. albert punches bruce in the face, breaking bruce's nose. when bruce sues albert for battery, albert is likely to use _____ as a defense:

b. self-defense

which of the following is most likely to be an example of an assault?

b. someone holds a gun at your head while threatening you

the rule requiring producers to pay compensation to consumers injured by defective products, even though reasonable care has been exercised, is called:

b. strict liability

the principal distinction between assault and battery is:

b. the difference between the requirements of apprehension of an offensive physical contact and of actual physical contact

strict liability under contract law for injuries caused by defective products is based on:

b. the existence of a warranty

in an assault or battery tort case, consent is when:

b. the injured party gave permission to the alleged wrongdoer to interfere with a personal right

the sine qua non rule is that:

b. the injury would not have occurred but for the conduct of the tortfeasor

If alleged consequences are too far removed from the negligent conduct:

b. the negligent will not result in liability

Miranda rights for those arrested and accused of or suspected of a crime do not include:

b. the rights to be released

The major difference between public nuisance and private nuisance is:

c. a public nuisance interferes with public health and welfare, private nuisance violates the enjoyment of land

If Julia is accused of robbing a bank and she has witnesses testify that she was having her nails done at the time the robbery took place then she is using a(n):

c. alibi

The most common way in which to transfer ownership interests in property is through:

c. a deed

which of the following is a servitude:

c. a life estate

Joyce Water, certified public accountant, is sued for negligent preparation of an income tax return. To determine if she was negligent, the court applies a standard of reasonableness which measures Joyce's conduct against that of:

d. a competent CPA

when one commits a criminal act, that wrongful deed is:

d. actus reus

a hostile user of another person's land may come to own the property of an easement through:

d. adverse possession

Tort law can be classified as:

d. all of the other choices

anti-money laundering goals include with of the following:

d. all of the other specific choices are correct

tenants may not:

d. all of the other specific choices are correct

the 1966 supreme court opinion relating to the miranda rights holds that:

d. all of the other specific choices are correct

defenses against strict liability includes:

d. all of the other specific choices are possible

a business can become involved in a tort action:

d. all of the other specific other choices

a criminal case differs from a tort case because:

d. all of the specific answer choices

the most active area of strict liability litigation based on the concept of unknown hazards involves which product?

d. asbestos

which of the following would not be likely to be considered to be a violent crime:

d. burglary

if one appears before a judge when accused of a crime and enters a plea in response to the charges, the choice of pleas made does not include:

d. demurrer

when commercial rent includes charges for lighting, cleaning, parking lot maintenance, etc it is referred to as:

d. gross rent

which of the following is not a defense that may be raised in case of assault or battery:

d. helplessness

when a person deals in a stock purchase when in possession of non-public info, and they have an obligation not to reveal or use the info it is:

d. insider trading

In a tort action for trespass to land the:

d. intruder is not excused even if mistaken about the right to enter on the land

a clear title means that:

d. no other person can claim valid ownership of the property

if a person is charged with a crime, rather that going through trial, there is often an agreement reached by the defendant and prosecutor that is called:

d. plea bargain

For liability to be imposed when negligence is alleged, in many jurisdictions, the injured party must prove that the defendant's act was not only the cause in fact of the injury but also the ____ of the injury.

d. proximate cause or substantial factor

one who by experience and expertise is aware of the possible health hazards associated with the use of a product and who has an obligation to inform its employees and customers of potential hazards is referred to as a(n):

d. sophisticated user

the ____ relieves a manufacturer of liability for failing to warn of a product's characteristics or dangers when "the end user knows or reasonably should know of a product's dangers":

d. sophisticated user defense

the title to property is:

d. the formal right of ownership

Ordinary care or due care is a standard of care that the law presumes:

d. the reasonable person meets

the term res ipsa loquitur means:

d. the thing speaks for itself

there are several key elements needed to establish the legal requirements for there to be an intentional tort. which is not an element:

d. the wrongdoer knew who would suffer the injury

if someone is very drunk and then, only because of their drunkenness, causes a fatal accident:

d. there can be a crime because there was criminal negligence

which of the following conditions must be met in order for someone to claim land by adverse possession? the adverse user:

d. uses the land in a visible manner

products liability suits are won for what reason:

e. all of the other choices

the key elements of the tort of intentional interference with contractual relations is (are):

e. all of the other choices

which of the following can be a consequence of committing a crime:

e. all of the other choices are correct

when a person suffers an injury due to deliberate deception, there may be a tort of:

e. all of the other choices may be correct

In general, leases should include which of the following:

e. all of the other specific choices are correct

deeds do which of the following:

e. all of the other specific choices are correct

which of the following is an example of a white collar crime:

e. all of the specific choices are correct

property that is held in fee simple may be:

e. all of these things are possible

the doctrine of comparative negligence permits damages to be:

e. decreased by the percentage of plaintiff's injuries caused by plaintiff's negligence

Criminal Law is:

e. none of the other choices are correct

a hostile user is someone who:

e. none of the other choices are correct

to avoid being sued for failure to warn users of products, manufacturers must:

e. provide adequate warning labels and instructions on products