FIN 240 quiz 1

Which tort provides a basis for a criminal prosecution as well as a tort action?

Battery

Stanley and Marsha are involved in a car accident. Stanley sues Marsha for damages he sustained in the accident and, following the trial in the case, Marsha is found liable for negligence. A judgment for $175,000 is entered against Marsha. If Marsha's $150,000 auto insurance policy had lapsed prior to the accident and was not in effect at the time of the accident, Marsha will personally have to pay Stanley

$175,000, because her insurance policy had lapsed.

The Health Insurance Portability and Accountability Act (HIPAA) was enacted during the:

1990s

Strict liability exists in certain types of bailments. What is a bailment?

A situation where goods are transferred temporarily into the care of another.

Air Power Products, Inc. (APPI), manufactures construction equipment. Bob is injured while using an APPI nail driver and sues the company for product liability based on misrepresentation. To win, Bob must show that:

APPI misrepresented a material fact on which Bob relied.

Which of the following would NOT be a part of the complaint?

Any affirmative defenses that can be raised.

Claire is an attorney. The amount that Claire charges a client for providing legal services could be based on which of the following?

Claire's experience and skill, the amount of time Claire spends providing legal services to the client, and the difficulty involved in representing the client in the client's particular legal matter.

Which of the following would be included as intentional torts against property?

Conversion and disparagement of property

Destiny and Enzo engage in a business transaction for the creation and baking of a cake and other pastries and desserts for Destiny's wedding dinner and reception. When a dispute arises, Destiny initiates a lawsuit against Enzo by filing a complaint. If Enzo files a motion to dismiss, he is asserting that:

Destiny did not state a claim for which relief can be granted.

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

Dotty was not injured.

Destiny and Enzo engage in a business transaction for the creation and baking of a cake and other pastries and desserts for Destiny's wedding dinner and reception. When a dispute arises, Destiny initiates a lawsuit against Enzo by filing a complaint. If Enzo files a motion to dismiss, and the court denies it:

Enzo will be given time to file another response.

This school of legal thought adheres to the belief that the written law of a particular society at a particular time is most significant

Legal positivism

Following the trial in a civil lawsuit, plaintiff Eric obtains a judgment for $210,000 in damages against defendant April. If April does not have the funds available to pay the judgment

Eric can request that the court issue a writ of execution directing the sheriff to seize and sell April's nonexempt assets and have the sales proceeds paid to Eric to satisfy the judgment.

The U.S. Constitution expressly gives the power of judicial review to the executive branch of government. True or False

False

All civil trials held in federal district courts are governed by the:

Federal Rules of Civil Procedure (FRCP).

Jarrod has been conducting his web business for about a year now, and really wants to know what information the government has collected on him. He may be able to get some of those records pursuant to the:

Freedom of Information Act.

Cameron discovers that his medical provider has accidentally released all of Cameron's medical records without Cameron's permission. If Cameron sues, which federal law is most likely to help him win his case?

Health Insurance Portability and Accountability Act

In-House Products Company makes convection ovens. Joy discovers that her In-House oven is defective and sues the maker for product liability based on strict liability. To win, Joy must show that:

Joy suffered an injury caused by the defect.

Plaintiff Holly obtains a writ of execution with respect to an award of $80,000 in damages that Holly obtained in a civil lawsuit against defendant Justin. Acting on the writ, the sheriff seizes and sells one of Justin's nonexempt assets for $92,000. $80,000 of the sales proceeds are paid to Holly to satisfy the damages Justin owes her. The remaining $12,000 proceeds of the sale are payable to

Justin

Jenna was home alone at about 10:30 pm, when she heard someone trying to come through the front door. She quickly grabbed a frying pan, and stood behind the door. As soon as the intruder opened the door, Jenna whacked him with the frying pan, then called the police. The intruder was charged in criminal court with breaking and entering, but he sued Jenna in civil court for assault and battery claiming he was injured when she hit him with the frying pan. Will he win? Why or why not?

No, he will not win, since Jenna was acting in self-defense.

The City of Selonda has passed an ordinance requiring all package delivery companies to deliver their packages covered in a plastic wrapper if there is a 35 percent chance of rain. Boxes2U believes the ordinance would cost too much and plans to sue in order to stop it from taking effect. If Boxes2U takes its case to court, what standard will the court use to evaluate whether the ordinance may stand?

Rational basis

The modern concept of strict liability traces its origins, in part, to what famous English case?

Rylands v. Fletcher

Which of the following IS NOT a characteristic of abnormally dangerous activities?

The activity is one that involves a low degree of risk but that may be extremely dangerous if not performed with reasonable care.

After the trial in the civil case of Maxwell vs. Brunner, in which the jury reached a verdict in favor plaintiff Maxwell, the judge granted a motion for a judgment n.o.v. This means that

The judge set aside the jury's verdict and entered judgment in favor of Brunner.

In response to rapidly rising property taxes, California voters approved a statewide ballot initiative, Proposition 13, which froze property taxes regardless of the appraised value of the property. The state was to reassess the value of the property and could increase taxes only when the ownership of property was transferred. The property was exempt from this reassessment if the exchange of ownership was made between persons over the age of fifty-five or between parents and children. Over time, this system created dramatic differences in the taxes paid by people owning similar property. Long-term owners paid lower taxes; new owners paid higher taxes. Stephanie Nordlinger bought a house in Los Angeles County. Nordlinger then sued the county claiming that the tax system was unconstitutional under the equal protection clause because it allowed the government to treat similarly situated individuals differently. In finding that the law did not violate the equal protection clause, the court most likely applied which of the following standards?

The rational basis test

Which of the following normally is not available in online dispute resolution?

The service provider makes findings of fact and recommends how a court should proceed.

Today, in U.S. courts, how can we characterize the acceptance of the strict liability doctrine?

U.S. courts accept the strict liability doctrine and it is thus the norm, rather than the exception.

Violations of the Foreign Corrupt Practices Act (FCPA) are punishable by which of the below?

Up to $2 million fine against a business firm Up to $100,000 fine against the individual officers or directors, not payable by the firm Imprisonment by up to five years

In an emergency situation, Lori renders aid to Mike, who needs help. Mike would most likely be prohibited from suing Lori for negligence under:

a Good Samaritan statute.

A writ of execution is

a court order directing a sheriff to seize and sell a defendant's nonexempt assets.

Xtreme Publications, Inc., disseminates obscene materials. Under numerous state and federal statutes, this is:

a crime

Triple asterisks (* * *) in an opinion indicate that:

a few words or sentences have been deleted from the opinion for the sake of readability or brevity.

In Harry's suit against Irma, the parties meet before going to trial, and each party's attorney argues the party's case before the other party. A third party renders an opinion as to how a court would likely decide the dispute. This is:

a mini trial

A long arm statute allows a court to exercise jurisdiction over:

a nonresident defendant who has minimum contacts with the state in which the court is located.

In Nebraska, the highest-ranking (superior) law is:

a provision in the Nebraska constitution.

The standard of proof in a criminal law case is:

beyond a reasonable doubt.

Sara is charged with violating the Counterfeit Access Device and Computer Fraud and Abuse Act (CFAA). To be guilty of crime under the act, the prosecutor must prove that Sara:

accessed a computer without authority and took data.

Brad picks up a baseball bat and threatens to hit Donte with it. Donte escapes before Brad can carry out his threat. Brad's conduct constitutes:

an assault

One of the most effective ways of setting a tone of ethical behavior within an organization is to create:

an ethical code of conduct.

ChemCore Company is engaged in the business of creating chemical solutions for cleaning pools. As a result of the chemical engineering process, a number of harmful waste products were created. ChemCore disposed of these harmful waste products by dumping them in an adjacent river every Tuesday at midnight for the past five years. Kyle Bishop lives downstream from ChemCore and has noticed chemical damage to his dock that has progressed over the past five years. Bishop learns of ChemCore's dumping practice and sues. If Bishop proves his case, the most likely remedy awarded by the court would be:

an injunction to stop the dumping and monetary damages.

An Alabama state statute prohibits business entities from using bill inserts to express controversial views. A court would likely hold this law to be:

an unconstitutional restriction of speech.

Congress enacts the Tight Money Act (TMA) of 2006 to ban "major business entities" from making political contributions that individuals can make. A court would likely hold the TMA to be:

an unconstitutional restriction of speech.

People who keep wild animals are strictly liable for:

any harm caused by the animal.

A court can exercise personal jurisdiction over:

any person or business that resides in a certain geographic area.

In cases of injuries proximately caused by a defective product, the manufacturer who failed to exercise due care is liable to:

any person who sustained injury.

Java Cafes, Inc., and Kaffe Import Corporation dispute a term in their contract. Resolving the dispute between Java and Kaffe by having a neutral third party render a binding decision is one of the advantages of:

arbitration

Jenna files a civil suit against Keshia. To succeed, Jenna must prove her case:

by a preponderance of the evidence.

Driving his sport utility vehicle negligently, Bart crashes into a streetlight. The streetlight falls, smashing through the roof of a house, killing Chris. But for Bart's negligence, Chris would not have died. Regarding the death, the crash is the:

cause in fact

Most states apply a legal standard that takes into account the degree of negligence on the part of both the defendant and the plaintiff. This standard is known as the:

comparative negligence standard.

To protect its customers and other business invitees, Supreme Retail Corporation must warn them of:

concealed dangers

When both federal and state courts have the power to hear a case, these courts have:

concurrent jurisdiction.

If a judge agrees with the majority's decision, but for different reasons, that judge may write a(n):

concurring opinion.

A Minnesota state statute restricts certain kinds of advertising to protect consumers from being misled. A court would likely hold this statute to be:

constitutional under the First Amendment.

"Out-of-pocket" costs related to a lawsuit that a client must normally pay include:

court filing fees, travel expenses, and costs of expert witnesses and investigators.

To commit the tort of trespass to land, a person must harm the land. true or false

false

The Federal Trade Commission (FTC) is a government agency that issues rules, orders, and decisions. The Georgia state legislature enacts statutes. The Jackson County Board and the Peach City Council enacts ordinances. Administrative law includes:

decisions, orders, and rules of the FTC

Due to a website malfunction, you find you would be able to purchase all of your textbooks from the university bookstore for free. The opportunity is tempting. If you follow the concept of Kant's categorical imperative, you will:

decline to take advantage of the opportunity because if everyone did it, the bookstore would not be able to conduct business.

The National Conference of Commissioners on Uniform State Laws:

drafts uniform laws for adoption by the states.

A judge will grant a motion for a new trial only if he or she believes that the jury was in error and that it is appropriate to grant judgment for the other side. true or false

false

A manufacturer's duty of care does not extend to the inspection and testing of products bought to incorporate in the final product. true or false

false

A writ of seizure is an order directing the sheriff to seize and sell the defendant's nonexempt assets to satisfy a judgment true or false

false

An assumption of risk defense does not require knowledge of the risk. true or false

false

Appellate courts generally focus on questions of fact, not of law. true or false

false

Criminal law focuses on duties that exist between persons. true or false

false

Employers are prohibited from conducting background checks beyond running criminal checks in official, government databases true or false

false

International treaties never stipulate arbitration for resolving disputes. true or false

false

It is guaranteed that any judgment will be enforceable. true or false

false

It is widely accepted that judging an employee for what he or she does outside of work is unethical. true or false

false

Legal and ethical issues concerning employee on-line speech are largely settled by now. true or false

false

Only private attorneys prosecute criminal defendants. true or false

false

Phishing is a form of hacking. true or false

false

Privity of contract between the plaintiff and the defendant is required to bring a product liability suit based on negligence. true or false

false

Since 2012, no employee can be fired for engaging in unpopular speech. true or false

false

The Supreme Court has held that a constitutional right to privacy was implied by the Sixth Amendment. true or false

false

The U.S. Constitution expressly gives the courts the power of judicial review.

false

At the beginning of a trial, only the defendant's attorney makes an opening statement. true or false

false (At the beginning of a trial, both the defendant's attorney and the plaintiff's attorney make opening statements.)

A federal court judge is an elected official. true or false

false (Federal court judges are appointed by the U.S. president and confirmed by the U.S. Senate. In contrast, state court judges are usually elected.)

Managers must apply different standards to themselves than they apply to their employees. true or false

false (Managers set the tone for ethical behavior within the workplace and should hold themselves to the same high ethical standards they set for their employees.)

When all the judges (or justices) agree on a decision, a majority opinion is written for the entire court. true or false

false (When all the judges (or justices) agree on a decision, a unanimous opinion is written. A majority opinion is written when there is not unanimous agreement and outlines the views of the majority of judges deciding the case.)

A suspect who is told that she can remain silent is automatically protected from having her confession entered as evidence against her. true or false

false (after being advised of her right to remain silent, the suspect may either speak or remain silent. If she speaks and confesses, that confession will normally be allowed as evidence against her at trial.)

If an opinion is designated as not intended for publication (unpublished), it cannot be located by a legal researcher. true or false

false (even when an opinion is not designated for publication, it can still be accessed through online legal research databases such as Westlaw.)

A function of the congress is to interpret and apply the law. true or false

false (that is the courts jobs)

Following closing arguments in Brandon's civil lawsuit against Noah, the judge gave the jury the wrong instructions on the burden of proof that applied in the case. The jury returned a verdict in Noah's favor. Brandon's attorney should make a motion

for a new trial.

In Parker's lawsuit against Mark, the jury returns a verdict in Mark's favor. Shortly thereafter, the judge learns that Mark had engaged in misconduct during the trial by bribing two of the jurors in exchange for their convincing the other jurors to decide the case in Mark's favor. If requested by Parker, the judge would likely grant a motion

for a new trial.

James is on trial for drunk driving. His attorney asks that Alicia not be sworn in as a juror in the case because Alicia's father was killed in an auto accident involving a drunk driver. This is an example of a(n):

for cause challenge.

Universal Assembly Company makes espresso machines and sells one to Vim through a misrepresentation on the label on which Vim relies and that results in an injury to Vim. Universal is most likely liable for:

fraud

Crimes differ from civil wrongs in that:

government officials prosecute crimes, but individual victims seek compensation for civil wrongs.

Glenn Slemmer was a successful options trader and consultant for investment clubs. One of these clubs was called Profit Design Group (PDG). Slemmer set up an account for PDG with a brokerage firm. He had control of the account and could make decisions about buying and selling stock options. He was not authorized to withdraw funds from the account for his own benefit, but he did so. Slemmer made misrepresentations to the club members about the account and eventually emptied it. Slemmer was prosecuted for embezzlement. Slemmer claimed that he was not guilty of embezzlement, because he intended to return the investors' funds. The court most likely found that Slemmer was:

guilty, because the intent to return the embezzled property does not constitute a defense to the crime of embezzlement.

Jayden needed an A in his college Biology class, so he used his home computer to break into the university computer system to change his grade from a D to an A. Jayden is guilty of the crime of:

hacking

Standing can be broken into three elements:

harm, causation and remedy

For someone to be liable criminally:

he or she must commit a prohibited action and have intended to do so.

Adam was wanted for murder, and fled the country to avoid arrest. After twelve years of living in Finland, he returned to the United States, and the police arrested him. If Adam raises statute of limitations as a defense:

he will not be successful, because there is no statute of limitations for murder.

Harry, a resident of Indiana, has an accident with Jane, a resident of Kentucky, while driving through that state. Jane files a suit against Harry in Kentucky. Regarding Harry, Kentucky has:

in personam jurisdiction.

If Sal sends Max a high-priority e-mail message telling Max that his wife has just died, when in fact Sal knows this is untrue, Max may be able to sue Sal for:

infliction of emotional distress.

Voters in North Carolina approve a new state constitution after which the Ocean City Council passes new ordinances, the North Carolina Department of Parks and Recreation issues new rules, and the Ocean City Chamber of Commerce sends out new instructions. Sources of law do not include:

instructions issued by the Ocean City Chamber of Commerce.

Sanford applied for a job with the state park service to conduct guided walking tours in the state park. He was denied employment because he is a male; the state park service thinks that females are more well-suited for the task. If Sanford sues the state park service for discrimination, in making its decision the court will apply the:

intermediate scrutiny test.

After Mason loses his negligence case at the federal trial court, he appeals to the U.S. court of appeals and loses again. Mason then appeals to the U.S. Supreme Court, which denies his petition for a writ of certiorari. The effect of this denial:

is not a decision on the merits of case.

The process by which a court decides on the constitutionality of legislative enactments and actions of the executive branch is called:

judicial review.

Steven Wilson started a fight with Larry Harrison. Ken Bernardy came to the defense of Harrison. Harrison knocked Wilson to the ground, and Bernardy, who was wearing tennis shoes, kicked Wilson several times in the head. Wilson suffered serious head injuries. Bernardy claimed that he believed a bystander was about to join the fight against Harrison and that he had to use force against Wilson to protect Harrison from harm. The court probably found that Bernardy's use of force was:

justified, because he believed Harrison was in imminent danger.

Harry, a vice-president of International Pharmaceuticals, Inc., does not apply utilitarianism to business ethical issues. One problem with utilitarianism is that

justifies human costs that many find unacceptable.

To Sam, the written law of a particular society at a particular time is most significant. Sam is a:

legal positivist.

Best Sales Corporation regularly advertises its products. Under the First Amendment, these ads and other commercial speech are given:

less protection than noncommercial speech.

Jack and Jill, longtime friends, entered into a contract which could not be completed as anticipated, because of events beyond their control. They want to resolve their dispute without litigation and by agreement as they decide, but believe they need help from someone experienced at resolving such disputes. Which of the following dispute resolution mechanisms would work best for them?

mediation

When profits earned illegally are channeled through a legitimate business, the act of _____ occurs.

money laundering

If a manufacturer fails to exercise "due care" in its efforts to make a product safe and as a result someone is injured, the manufacturer may be held liable for:

negligence

Betty files a suit against Carl. Before going to trial, the parties meet, with their attorneys to represent them, to try to resolve their dispute without involving a third party. This is:

negotiation

If there is a reasonable doubt as to whether a criminal defendant did, in fact, commit the crime with which he or she has been charged, then the verdict must be:

not guilty

Anthony Tompkins was very skilled at computer programming. One day he decides to use his skills to investigate Mary Reynolds's, one of his co-workers, computer. Utilizing his home Internet connection, Tompkins accesses Reynolds's computer, though he does nothing malicious and does not take the data. If charged with a criminal violation of the Counterfeit Access Device and Computer Fraud and Abuse Act of 1984 (CFAA), the court would most likely find Tompkins:

not guilty because he only accessed a computer without authority.

Emma Smith was a computer-savvy individual who wanted to use her knowledge to make some money. She decides to open an eBay account to sell exquisite fur coats. As the bidding process ends and the process comes to a close, Smith collects payment from the winners via an online merchant. She then mails the winners fake fur coats that she purchased at discount and pockets the difference. Smith has committed:

online auction fraud.

Kit carelessly bumps into Luke, knocking him to the ground. Kit has committed the tort of negligence:

only if Luke is injured.

The Securities Exchange Commission (SEC) is an administrative agency. The chief purpose of such agencies is to:

perform specific government functions.

When Samantha checked her email, she found an email that appeared to be from her bank, asking her to update vital information, and stating that if she failed to do so, her account would be closed. After she updated the information, she learned that the email did not come from her bank, and now her personal information was in the hands of a hacker. Samantha is a victim of:

phishing

In a situation in which market-share liability is imposed, the:

plaintiff need not prove which particular distributor of a widely distributed product caused his or her injury.

A product liability action based on negligence does not require:

privity of contract.

Those who make, sell, or lease goods can be held liable for physical harm or property damage caused by those goods to a consumer, user, or bystander. This is called:

product liability

A significant application of the doctrine of strict liability is in the area of:

product liability.

The basic purpose of tort law is to:

provide remedies for the invasion of protected interests.

In tort actions, plaintiffs may seek two kinds of damages:

punitive and compensatory.

In a lawsuit, an issue that involves only disputed facts, and not what the law is on a given point, is referred to as a:

question of fact.

In a lawsuit, an issue that must be decided by the judge involving the application or interpretation of a law is referred to as a:

question of law.

After its review of a trial court's decision in a civil case, an appellate court sends the case back to the trial court for further proceedings consistent with the appellate court's opinion. The appellate court has:

remanded the case

Written decisions of appellate courts are published in books called:

reporters

In a suit against Charles, Diana obtains the cancellation of a contract, which is:

rescission

Abrhianna went with her aunt to a Travelers baseball game. They had great seats, right on the first baseline. During the third inning, a foul ball struck Abrhianna in the face, severely damaging her right eye. Abrhianna sues the baseball stadium owners, and they raise the defense of assumption of the risk. The court is likely to rule:

that assumption of the risk applies, because a spectator at a baseball game is normally aware of the danger of foul balls.

To succeed in a strict product liability case, the plaintiff must show:

that the product was defective when it was sold or leased.

Dru tells his Excel Company coworkers that Fiona, Excel's office manager, is stealing from their employer. The statement is defamatory only if:

the statement is false.

Privacy rights receive protection under:

the U.S. Constitutions, state constitutions, federal statutes, state statutes, and tort law.

Dirk is driving a sport utility vehicle in which Elin is a passenger when they are involved in a traffic accident, and Elin is injured. Liability may be imposed on Dirk for Elin's injury if Dirk's driving is:

the causation in fact and the proximate cause of the injury.

Holly, a lawyer on the staff of International Group, applies the utilitarian theory of ethics in business contexts. Utilitarianism focuses on:

the consequences of an action.

Owen claims that a Pennsylvania state statute infringes on his "substantive due process" rights. This claim focuses on:

the content of the statute

The Ohio state legislature passes a law to regulate local delivery services. The final authority regarding the constitutionality of this law is:

the court

Most decisions reached by appellate courts are explained in written opinions; these opinions contain:

the court's reasons for its decision. the rules of law that apply. the judgment.

Two fundamental approaches to ethical reasoning in a business environment are:

the duty-based and outcome-based approaches.

Cellular Products Corporation (CPC) makes cell phones. Dina files a product liability suit against CPC, alleging a design defect. Under the Restatement (Third) of Torts: Products Liability, in deciding whether to hold CPC liable, the court may consider:

the effect of an alternative design and the range of products.

The term cyberlaw is used to describe:

the emerging body of law that governs cyberspace transactions.

A motion for judgment "notwithstanding the verdict" will be granted only if:

the jury's verdict was unreasonable and erroneous.

Legal realists believe that:

the law can never be applied with total uniformity.

Kant's "categorical imperative" states that:

the morality of an action should be judged by the effects the action would have if everyone in the same situation or category acted the same way.

Open Country, Inc., makes grills, camp ovens, and other outdoor cooking appliances. Under the Restatement (Third) of Torts: Products Liability, Open Country could be liable for a warning defect if there is a foreseeable risk of harm posed by one of its products and:

the omission of a warning renders the product not reasonably safe.

Jane enters into a contract with Jill to provide 100 roses for a dinner party. Jill fails to deliver the roses. Jane initiates a suit against Jill, asking the court to order Jill to refund Jane's payment. Jane is:

the plaintiff.

Mack is sales manager for National Products, Inc. Compared to Mack's personal activities, his business activities involve:

the same ethical standards.

At Sea Food Cafe, Tom believes that he was overcharged and shoves Wally, a waiter. Wally sues Tom, alleging that the shove was a battery. Tom is liable if:

the shove was offensive.

Article VI of the Constitution, commonly referred to as the supremacy clause, provides that when there is a direct conflict between a federal law and a state law:

the state law is rendered invalid.

A law that limits the liberty of all persons to do something may violate:

the substantive due process.

Colorado enacts a statute that limits the liberty of all persons, including corporations, to broadcast "annoying" radio commercials. This may violate:

the substantive due process.

A New Hampshire state law that directly conflicts with a federal law is invalid under:

the supremacy clause.

Because the state has extensive resources at its disposal when prosecuting criminal cases:

there are numerous procedural safeguards to protect the rights of defendants

The citation 2016 WL 37838 tells us that:

this case was the 37838th case decided in the year 2016

Slander of quality is also known as:

trade libel

A statute of repose may limit the time within which a plaintiff can file a product liability suit. True or False

true

A substantive law creates or defines legal rights and obligations. true or false

true

Assumption of risk is a defense that may be raised in a product liability suit. true or false

true

Corporate ethical policies must be clearly communicated to be effective true or false

true

Employees cannot be fired for engaging in speech. true or false

true

Hackers may illegally rent their malware to cyber criminals. true or false

true

If a person does not know that he or she is taking the property of someone else, the person cannot be convicted of theft. true or false

true

In the evaluation phase of Business Process Pragmatism, the solution to an ethical dilemma should be analyzed. true or false

true

Managers have found that discharging even one employee for ethical reasons has a tremendous impact as a deterrent to unethical behavior in the workplace. true or false

true

Some U.S. companies have chosen to produce goods in developing nations, because the wage rates in those nations are significantly lower than wages in the United States. true or false

true

Some U.S. companies have refused to deal with certain suppliers to avoid negative publicity. true or false

true

The Foreign Corrupt Practices Act prohibits bribery of foreign officials if the purpose of that payment is to induce the officials in their official capacity to provide business opportunities. true or false

true

The U.S. Constitution does not mention the power of judicial review true or false

true

The term "malware" refers to malicious software. true or false

true

To obtain a search warrant, law enforcement officers must convince a judge that they have:

trustworthy evidence of a particular description that would convince a reasonable person that the proposed search or seizure is more likely justified than not.

If Congress passes a 2 percent tax on cigarette sales in New Jersey only, this law will most likely be held:

unconstitutional according to Article I, Section 8

Quinn, a clerk at PC Computer Store, takes a computer from the store without PC's permission. Quinn is liable for conversion:

under any circumstances.

Jill lies to her family. According to legal and ethical principles, this is:

unethical only.

Eve is injured when she slips and falls in Finest Discount Warehouse. Eve files a suit against Finest for $50,000. Under a "pure" comparative negligence rule, Eve could recover damages from Finest:

whether Eve was less, more, or equally at fault.

Reaching for a bottle of soda from a display in a Bargain Mart store, Cody slips in a puddle of spilled soda and falls, suffering an injury. Bargain Mart's employees are not aware of the spilled soda until Cody falls. In a suit against Bargain Mart, Cody will most likely:

win, because the spilled soda was foreseeable.

Acme Computers, a computer store, takes unethical steps to divert the customers of Cyber Goods, an adjacent competing store. Acme may be liable for:

wrongful interference with a business relationship.

Viola Scheutrum was killed when the automobile she was riding in struck one of a group of horses that were roaming freely on the highway. The Sea Horse Ranch, a corporation, owned the horses. The horses frequently escaped through the shoddily built and poorly maintained fences surrounding the ranch. The ranch's owner and president of the corporation, Kevin Shipley, had been cited by both the local police and the humane society for allowing his horses to run free on the highway. The state sought to prosecute both the Sea Horse Ranch and Kevin Shipley for involuntary manslaughter. Can the corporation be held liable for the crime?

yes, because a corporation can be held liable for the wrongful actions of its officers.