business law test 2

Causation in Fact

"but for" defendant's act, injury would not have occurred

false

Bribing foreign officials to obtain favorable business contracts is not a crime

false

Counterfeiting is robbery.

true

Crimes occurring in a business context are popularly referred to as whitecollar crime.

duress.

Davis points a gun at Eton, threatening to shoot him if he does not steal from his employer, Freddy's Convenience Store, and give the stolen funds to Davis. Charged with theft, Eton can successfully claim, as a defense

Civil Sanctions

Designed to compensate an injured party for damages or to make an equitable decision as it relates to both parties.

Criminal Sanctions

Designed to punish guilty with fines and imprisonment, or even death.

false

Fraud occurs only when there is reliance on a statement of opinion.

false

Larceny relies on fear and force.

that the marimba is stolen and Ludwig must intend to keep it.

Ludwig receives from Milo a marimba stolen from Nadine. To be criminally liable, Ludwig must know

a public official.

Mike is arrested at a warehouse in North Industrial Park and is charged with the crime of theft. Mike will be prosecuted by

no tort

Roger wants Andy to work late on a project. He tells Andy that the morally correct thing to do is to stay late at the office and work on the project. Andy feels obligated to stay and work late due to the moral pressure from Roger. Andy stays late at the office, even though he does not want to. Andy can sue Roger for

true

The crime of bribery occurs when the bribe is offered.

false

The crime of theft requires the taking of property, without regard to whether the perpetrator knew it belonged to another.

true

The use of a person's likeness for commercial purposes without permission is appropriation

true

The use of a person's likeness for commercial purposes without permission is appropriation.

Compensatory Damages:

actual losses. Puts plaintiff in position he would have been in if the tort had not occurred. This is the Made Whole Doctrine.

battery

an unexcused and harmful or offensive physical contact that is intentional.

Plaintiff

injured party

tort

is a private, civil legal action to obtain monetary damages from a legal injury a person or property.

Misdemeanors

less serious crimes punishable by fine or by confinement up to one (1) year.

general damages

nonmonetary losses such as pain and suffering

civil

preponderance of the evidence. Verdict is by a majority.

criminal

proof beyond a reasonable doubt. Verdict must be unanimous

Punitive Damages

punish wrongdoer, typically only available in intentional torts

special damages

quantifiable such as lost wages, medical bills.

Felonies

serious crimes punishable by death or by imprisonment over one (1) year.

Defendant

tortfeasor

Embezzlement

when a person entrusted with another person's funds or property fraudulently appropriates it.

Entrapment

whether the person who committed a crime was predisposed to commit the illegal act or did so only because the agent induced it.

false

A crime can be committed only against persons.

true

A criminal case must be proved beyond a reasonable doubt.

fraudulent misrepresentation

Barbara is selling her car. She knows that the brakes do not work. When a potential buyer asks Barbara if there are any problems with the car, Barbara assures the buyer that there are no problems. The buyer purchases the car based on the assurance that there is nothing wrong with it. The buyer may be able to sue Barbara for

fraudulent misrepresentation.

Barbara is selling her car. She knows that the brakes do not work. When a potential buyer asks Barbara if there are any problems with the car, Barbara assures the buyer that there are no problems. The buyer purchases the car based on the assurance that there is nothing wrong with it. The buyer may be able to sue Barbara for

false

Defamation is one person's use of another's name without permission

only Hu hears it.

Glen falsely accuses Hu of stealing from Island Tours, Inc., their employer. Glen's statement is NOT defamatory if

true

If it can be shown that a trespass to land was warranted, a complete defense exists.

if Ike intended to push Joan.

Ike pushes Joan, who falls and breaks her arm. Ike is liable for the injury

false

In some states, misdemeanors are punishable by imprisonment for up to 10 years.

the statement is false.

Jackie distributes a handbill throughout her neighborhood accusing her neighbor Ked of being a convicted sex offender. The statement is defamatory if

the use of force or fear.

Jake is charged with embezzlement. Embezzlement may be committed without

appropriation.

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

assault and battery

Louis—larger and stronger than Mica—threatens to hit Mica before hitting and injuring him. Mica files a suit against Louis for assault and battery. Mica will most likely recover for

larceny.

Mariah takes off her ring and places it on her desk while she works. Without her knowledge or consent, her coworker Nita picks up the ring, puts it on, and walks away. Nita has likely committed

robbery.

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

tortfeasor.

Mary is angry with Julia so she waits outside Julia's house and hits Julia with a baseball bat as Julia leaves the house. When Julia sues Mary for battery, Mary will be considered a

Mona offered the bribe.

Mona offers Ned, a building inspector, $5,000 to overlook the violations in her new warehouse. Ned accepts the cash and overlooks the viola tions. Mona is charged with the crime of bribery. The crime occurred when

no tort

OK DryCleaning advertises so effectively that the regular customers of its competitor Purity Cleaners patronize OK instead of Purity. This is

true

One purpose of criminal sanctions is to deter others from committing similar crimes in the future.

Computer Fraud and Abuse Act

Person is liable if he accesses a computer online, without authority, to obtain classified, private, or protected information. Penalties include fines and imprisonment.

true

Picking pockets is larceny.

true

Proximate cause exists when the connection between an act and an in jury is strong enough to justify imposing liability.

false

Statements made by in judicial proceedings are NOT privileged communications and may be the basis for defamation.

true

The public disclosure of private facts about a person is an invasion of privacy

Defamation

The publication of a false statement (oral or written) that injures a person's good reputation.

true

The purpose of the exclusionary rule is to deter police from misconduct.

false

To avoid liability for negligence, a business owner must protect its pa trons against all risks

false

To commit an intentional tort, one person must intend to harm a certain person.

true

Under the exclusionary rule, illegally obtained evidence may not be included in any criminal prosecution.

false

Under the theory of negligence, the duty of care requires a careless act.

selfdefense.

Vance points a gun at Workman and threatens to shoot him. Workman hits Vance, causing his death. Charged with homicide, Workman can successfully claim as a defense

larceny.

William goes to Saddle Up Stables in the middle of the night when no one is around and takes five saddles. William's crime is

assault

any intentional and unexcused threat of immediate harmful or offensive contact, including words or acts that create in another person a reasonable apprehension of harmful contact.

Proximate Cause

defendant's act created a foreseeable risk of injury to plaintiff

Money Laundering

engaging in financial transactions to conceal the identity, source, or destination of illegally gained funds.

Racketeering

extortion of money from businesses by intimidation, violence, or other illegal means.

Slander of Quality

false statement about another's product that caused a third party to refrain from dealing with plaintiff, causing financial loss.

Slander of Title

false statement about legal ownership of another's product resulting in financial loss.