BUL 3310 HW QUESTIONS Exam 1
Which of the following is not a defense available to a person who is sued for assault and battery? a. Lack of consent b. Defense of property c. Self-defense d. Defense of others
a. Lack of consent
Which of the following is not an intentional tort against property? a. Wrongful interference b. Trespass to personal property c. Conversion d. Trespass to land
a. Wrongful interference
A federal court can exercise jurisdiction if a case involves which of the following a. a federal law. b. more than five defendants. c. a matter of state law only. d. state law and more than three parties who are all from the same state.
a. a federal law
Scott Jensen owned two hundred acres of farmland in California. A creek flowed through the land, and Jensen used water from the creek to irrigate his crops. The water was adequate for his needs. Wesley Sarvis purchased farmland upstream from Jensen's property and began using water from the creek to irrigate. Claiming that he had exclusive rights to the water, Jensen filed a lawsuit in a California state court against Sarvis for using the water. The court held that Jensen and Sarvis had to divide their water use equally and that each of them was entitled to use the water every other week. Fifty years later, a similar dispute arose between two more California farmers. Bo Ellis lived upstream from Faye Deason. Deason claimed that she had exclusive rights to the water and filed a lawsuit in a California state court against Ellis for his use of the water. In the second case, Deason v. Ellis, the court will most likely: a. apply stare decisis and divide the water rights because the facts of the two cases are similar. b. refuse to apply stare decisis and overturn the rule because so much time has passed. c. refuse to apply stare decisis and overturn the rule because the facts of the cases are not similar. d. apply stare decisis and give Ellis exclusive rights to the water.
a. apply stare decisis and divide the water rights because the facts of the two cases are similar.
A traditional and formal method of ADR where disputes are settled by a neutral third party who renders a decision that is legally binding is called a. arbitration. b. online dispute resolution. c. mediation. d. negotiation.
a. arbitration
Under the federal Constitution, the president can veto or sign the legislation that Congress enacts. This veto power by the president demonstrates the principle of: a. checks and balances. b. the supremacy clause. c. full faith and credit. d. privileges and immunities.
a. checks and balances
A tort is: a. a civil wrong. b. being late. c. a punishment. d. a court.
a. civil wrong
If you are a victim of false imprisonment, you are: a. confined or restrained by another person intentionally and without justification. b. touched by another person in an unwanted or offensive way. c. intentionally bad-mouthed by another person. d. made fearful of an unwanted contact with another person.
a. confined or restrained by another person intentionally and without justification
A Minnesota state statute restricts certain kinds of advertising to protect consumers from being misled. A court would likely hold this statute to be: a. constitutional under the First Amendment. b. constitutional under the Fifth Amendment. c. an unconstitutional restriction of free speech. d. constitutional under the Fourteenth Amendment.
a. constitutional under the First Amendment
One's assessment of the negative and positive effects of alternative actions is known as: a. cost-benefit analysis. b. the principle of rights. c. duty-based reasoning. d. a categorical imperative.
a. cost-benefit analysis
Transpac Corp. and Alliance, Inc., agree to a contract that includes a binding arbitration clause. After a dispute arises between the parties, the case goes to arbitration. The arbitrator finds in Transpac's favor. Alliance files a lawsuit, alleging that the award should not be enforced because the arbitrator made a minor error in her findings of fact. The court will likely a. do none of these actions. b. set aside the arbitrator's award. c. review the merits of the dispute. d. review the sufficiency of the award.
a. do none of these actions
In a lawsuit against Sharon Fruit Distributors, the plaintiff's lawyer requests access to the company president's laptop in order to obtain information about the files stored there: who created them, when they were created, and when they were accessed. This information is a. e-evidence. b. direct examination. c. a deposition. d. an interrogatory.
a. e-evidence
Before a person can bring a lawsuit before the court, the party must a. have standing to sue. b. file an answer. c. file a motion. d. file a writ of cert.
a. having standing to sue
Bob is a resident of Ohio and borrows $50,000 from a bank in New York. When he defaults on the loan, the bank sues Bob in federal court. The federal court has a. no jurisdiction. b. diversity jurisdiction. c. in rem jurisdiction. d. concurrent jurisdiction.
a. no jurisdiction
In order to be effective, a corporate compliance program: a. should be monitored and coordinated by a committee that is separate from the corporation's various departments. b. should be undertaken by each separate department in a corporation according to its unique culture. c. need not be any more involved than a written ethical code of conduct. d. usually moves in a bottom-up fashion, with employees influencing managers to put ethical standards in place.
a. should be monitored and coordinated by a committee that is separate from the corporation's various departments
Jason runs a company that uses explosives to demolish large buildings. His company is held to the standard of: a. strict liability. b. foreseeability. c. product liability. d. comparative negligence.
a. strict liability
Liability without fault is also called: a. strict liability. b. negligence. c. a cyber tort. d. intentional tort.
a. strict liability
The equal protection clause essentially says that: a. the government must treat similarly situated individuals in a similar manner. b. the federal government has the power to regulate interstate commerce. c. the government is prohibited from establishing a state-sponsored religion. d. federal laws supersede state laws.
a. the government must treat similarly situated individuals in a similar manner
A body of enforceable rules governing relationships among individuals and between individuals and their society is known as: a. the law. b. common law. c. the constitution. d. statutory law.
a. the law
Jeri takes a very straightforward approach to decision making in her role as a corporate officer. She doesn't want to cause the company any trouble, but as she sees it, as long as it's legal, it's OK. This is the idea of: a. the moral minimum. b. corporate citizenship. c. cost-benefit analysis. d. moral relativism.
a. the moral minimum
A state legislature decides that the drinking age and the voting age should be the same and therefore raises the voting age to 21. This law would be: a. unconstitutional. b. an administrative law. c. a civil law. d. punishable in criminal court.
a. unconstitutional
Baylee is driving her friend Sarah to the movies. Baylee loses control of the car and crashes into a fence. The vehicle's air bags deploy, and both Sarah and Baylee are emotionally shaken but not physically injured in the accident. Sarah threatens to sue Baylee for negligence. Sarah's lawsuit is likely to be: a. unsuccessful, because Sarah was not injured. b. successful, because Baylee was negligent. c. successful, because Baylee owed Sarah a duty of care. d. unsuccessful, because Sarah was also negligent.
a. unsuccessful, because Sarah was not injured
The commerce clause of the U.S. Constitution authorizes: a. the judicial branch to regulate commerce. b. Congress to regulate commerce. c. the states to regulate commerce and foreign trade. d. the executive branch to regulate commerce.
b. Congress to regulate commerce
Which of the following is not one of the elements of negligence? a. Causation b. Defense c. Duty d. Breach
b. Defense
The act that requires certain companies to set up confidential systems so that "red flags" can be raised about suspected illegal and unethical business practices is called the: a. Private Compliance Act. b. Sarbanes-Oxley Act. c. Litigation of Ethics Act. d. Enron Espionage Act.
b. Sarbanes-Oxley Act
Nicole, a university student, adheres to the principle of not cheating on school work, because if everyone cheated on their school work, then the grades would be meaningless. The ethical principle she adheres to is based on: a. religious teachings. b. Kant's categorical imperative. c. the principle of rights. d. utilitarianism.
b. Kant's categorical imperative
Cheryl stands in front of her home with a bullhorn shouting that her new neighbor, Karen, has just been released from prison for child molestation. Cheryl knows this statement is false. Under what legal theory may Karen recover damages from Cheryl? a. Appropriation b. Slander c. Fraud d. Libel
b. Slander
The Bill of Rights contains a list of protections for the individual against governmental interference. Which of the following is true? a. All of the protections in the Bill of Rights apply to corporations. b. Some of the protections in the Bill of Rights apply to corporations. c. Only the First Amendment applies to corporations. d. None of the protections in the Bill of Rights apply to corporations.
b. Some of the protections in the Bill of Rights apply to corporations
The supreme law of the land is the: a. federal code. b. U.S. Constitution. c. set of federal administrative regulations. d. common law.
b. U.S. Constitution
In order to keep her manufacturing business in legal compliance, Janice Tucker must understand the clean water regulations created by the Environmental Protection Agency. These regulations are: a. injunctions. b. administrative law. c. statutory law. d. case law.
b. administrative law
A Nebraska law limits a citizen's ability to vote if they are a convicted felon. This law: a. violates procedural due process. b. affects a fundamental right and is subject to evaluation under the equal protection clause c. would fail the rational basis test. d. limits a fundamental right based on a suspect trait.
b. affects a fundamental right and is subject to evaluation under the equal protection clause
One of the first pleadings filed by the defendant in a typical lawsuit is a. interrogatories. b. an answer c. an appeal. d. pre-trial motions.
b. an answer
The typical state court system is made up of trial courts and a. criminal courts. b. appellate courts. c. administrative law courts. d. family law courts.
b. appellate courts
The Georgia state legislature passes a law raising the speed limit on certain roads. This law becomes part of a body of law known as: a. administrative law. b. statutory law. c. the uniform commercial code. d. case law.
b. statutory law
A lawsuit begins when a lawyer files a a. default judgment. b. complaint. c. motion. d. deposition.
b. complaint
Serena and Cliff are getting a divorce. Cliff is suing Serena for custody of their two young sons. This case will be heard in a(n) a. appellate court. b. court of limited jurisdiction. c. court of general jurisdiction. d. federal court.
b. court of limited jurisdiction
Lori prevails in her lawsuit against Charlotte for injuries she sustained in a car accident. As a result, Lori is entitled to a remedy. In the U.S. legal system as it exists today, Lori's remedy will most likely be in the form of: a. specific performance. b. damages. c. injunction. d. rescission.
b. damages
Peter rents an apartment in a building owned by Roscoe. The sidewalks around the apartment building are in poor repair. Many areas of the walks have been raised by tree roots over the years and are rutted and uneven. In some places, the discrepancy in height is as much as two inches. Roscoe: a. only has a duty to fix the sidewalks if he is aware of the problem. b. has a duty to fix the sidewalks. c. must personally escort everyone who walks onto his property. d. has no duty to fix the sidewalks because the land is rented to Peter.
b. has a duty to fix the sidewalks
The federal government has the constitutional authority to regulate business enterprises: a. that involve international commerce. b. in the United States that are involved in interstate commerce. c. that are not involved in interstate commerce. d. that are located in North America.
b. in the United States that are involved with interstate commerce
Brad, a homeowner, files a lawsuit against Ed, his construction contractor. Prior to trial, they meet with their attorneys to try to resolve their dispute before going to trial. This proceeding is known as a. arbitration. b. negotiation. c. early neutral case evaluation. d. a summary jury trial.
b. negotiation
Luisa, in a hurry to get to her business law class on time, backs out of her garage without taking the usual care. Tony's car is parked in the driveway, and Luisa runs into it, causing $2,500 worth of damage to the car. Tony may be able to prevail in a lawsuit against Luisa for negligence because she breached her duty of care, which requires her to act as a: a. professional person. b. reasonable person. c. reliable person. d. faultless person.
b. reasonable person
Duty-based ethical standards often derive from: a. administrative agency rulings. b. revealed truths. c. environmental regulations. d. civil law codes.
b. revealed truths
The first ten amendments to the U.S. Constitution are known as: a. the Magna Carta. b. the Bill of Rights. c. the Declaration of Man's Rights. d. the Bill of Rejoinder.
b. the Bill of Rights
Two fundamental approaches to ethical reasoning in a business environment are: a. the existentialist and postmodernist approaches. b. the duty-based and outcome-based approaches. c. the regulatory and command approaches. d. the rationalist and irrationalist approaches.
b. the duty-based and outcome-based approaches
Statutory law includes: a. rules, orders, and decisions of government bodies such as departments and commissions charged by Congress with carrying out the terms of particular laws. b. laws enacted by Congress, state legislatures, as well as ordinances passed by cities and counties. c. acts prohibited by local, state, or federal government statutes. d. contract law.
b. the laws enacted by Congress, state legislatures, as well as ordinances passed by cities and counties
Remedies are best described as: a. legal principles that underlie previous court decisions. b. the relief given to innocent parties to enforce a right or to prevent a wrong. c. statutes against theft. d. causes of action.
b. the relief given to innocent parties to enforce a right or to prevent a wrong
Business ethics focuses on: a. how businesses can best accommodate regulatory requirements. b. what constitutes ethical behavior in the business world. c. how government intervention results in unethical treatment of groups. d. how businesses are treated under the law.
b. what constitutes ethical behavior in the business world
Judge Jones, a state supreme court justice, writes an opinion on behalf of the court for publication resulting from a recent case. This type of judicial decision is also known as: a. statutory law. b. administrative law. c. common law. d. civil law.
c. common law
Walter's company, a U.S. business, has been constructing buildings in a foreign country for the last year. To ensure his company is able to gain an advantage over procuring the construction contracts and to exclude the competition, Walter has been paying foreign government officials money on the side. His actions are likely illegal and in violation of the: a. Unfair Anti-Competition in Foreign Countries Act. b. Cost-Benefit Analysis Act. c. Foreign Corrupt Practices Act. d. Business Ethics and Law Act.
c. Foreign Corrupt Practices Act
The CDC wants to release information regarding patients who have contracted a serious and highly contagious disease. This action will be subject to: a. the Electronic Communications Privacy Act. b. strict scrutiny. c. the Privacy Act. d. the Freedom of Information Act.
c. The Privacy Act
Which of these is a type of outcome-based ethics? a. Religious ethical standards b. Kantian ethics c. Utilitarianism d. The principle of rights
c. Utilitarianism
In a civil law system, the primary source of law is: a. treaties. b. administrative agencies. c. a statutory code. d. precedent.
c. a statutory code
The party who appeals a trial court's judgment is known as the a. appellee. b. defendant. c. appellant. d. plaintiff.
c. appellant
A judgment entered by a court against a defendant who fails to file an answer or make an appearance before the court is called a a. summary judgment. b. motion to dismiss. c. default judgment. d. motion for directed verdict.
c. default judgement
Don operates a title company and wants to ensure his employees understand the company's ethical priorities. The most effective way to achieve this objective is to: a. create an audit committee. b. develop a corporate compliance program. c. develop a code of conduct. d. subscribe to an online confidential reporting system.
c. develop a code of conduct
Sam is the president of a large company and wants to ensure an ethical culture throughout the business. One way for him to accomplish this would be to: a. make each individual department responsible for its members' ethical behavior. b. weed out unethical employees through Internet searches. c. implement an ethics training program to educate employees about the company's policies. d. depend upon employees to model ethical behavior for management.
c. implement an ethics training program to educate employees about the company's policies
In order to commit an intentional tort, a person must cause harm and: a. personally know the person who suffered harm. b. commit the harm within the state in which he or she lives. c. intend to commit the act that caused harm. d. communicate with a third party about the action that caused harm.
c. intend to commit the act that caused harm
Under the First Amendment, commercial speech is given: a. more protection than noncommercial speech. b. the same protection as noncommercial speech. c. less protection than noncommercial speech. d. no protection.
c. less protection than noncommercial speech
The simplest form of alternative dispute resolution (ADR) is a. arbitration. b. online dispute resolution. c. negotiation. d. mediation
c. negotiation
Freedom of speech is protected by the First Amendment of the U.S. Constitution. In 1989 the U. S. Supreme Court held that burning the American flag is protected as part of the First Amendment because it is symbolic speech. In a renewed response to individuals burning the American flag at political events, Congress enacts a statute in March 2016 that prohibits "burning of the American flag, which shall constitute a criminal offense." The state of Texas also enacts a state statute that mirrors the federal statute in June 2016. After the federal and state statutes are enacted, Don sets an American flag on fire at a political event in Texas. He is arrested and charged with violating Texas law. As a defense, Don is claiming symbolic speech protected by the First Amendment of the U. S. Constitution. The court should find Don: a. guilty under the federal statute because it was enacted before the state statute. b. guilty under the state statute because the offense occurred in Texas. c. not guilty because the act is protected under the First Amendment's Freedom of Speech. d. not guilty because this is a civil issue.
c. not guilty because the act is protected under the First Amendment's Freedom of Speech
Playtime, Inc., manufactures the Whirligig, a toy that the company discovers can cause serious harm. Before anyone is injured, Anne, a pediatric nurse who has not purchased a Whirligig, files a suit against Playtime. In seeking to have the suit dismissed, Playtime's best argument is that Anne does not have a. jurisdiction. b. certiorari. c. standing to sue. d. judicial review.
c. standing to sue
A company's French subsidiary is taken to court in France, which is governed by the civil law system. The judge in this case will be bound by: a. case precedent. b. treaties. c. statutory code. d. international law.
c. statutory code.
If an Ohio law prohibits African Americans from opening businesses in a certain area of town, the law will be subject to: a. intermediate scrutiny. b. substantive due process. c. strict scrutiny. d. the rational basis test.
c. strict scrunity
Congress passes a law prohibiting the sale of cigars from certain countries in the United States. Soon thereafter, the Florida state legislature passes a law allowing the prohibited cigars to be sold in Florida. If the constitutionality of the Florida law is challenged in court, it will most likely be: a. upheld because Congress did not intend to prohibit individual states from enacting laws regarding cigars. b. upheld on the basis of the supremacy clause. c. struck down on the basis of the supremacy clause. d. struck down on the basis of the due process clause.
c. struck down on the basis of supremacy clause
A state law that directly conflicts with a federal law is invalid under the: a. commerce clause. b. equal protection clause. c. supremacy clause. d. establishment clause.
c. supremacy clause
Oklahoma enacts a law requiring all businesses in the state to donate 10 percent of their profits to churches that provide certain services to persons whose income is below the poverty level. PriceLess Stores files a suit to block the law's enforcement. The court would likely hold that this law violates: a. no amendment in the U.S. Constitution. b. the Fourteenth Amendment. c. the First Amendment. d. the Fifth Amendment.
c. the First Amendment
International law sources include: a. the laws of individual nations only. b. treaties only. c. the laws of individual nations, customs, and treaties. d. international organizations.
c. the laws of individual nations, customs, and treaties
Legal compliance is regarded as a moral minimum, which means: a. business firms can predict with a fair amount of certainty whether a given action would be legal. b. simply obeying the law. c. the lowest standard of business behavior that society will tolerate. d. the legality of a particular action is not always clear.
c. the lowest standard of business behavior that society will tolerate
Harold files a lawsuit against Allied Company in an Oregon court with limited jurisdiction. A court of limited jurisdiction and a court of general jurisdiction differ in a. whether the court is exercising in personam or in rem jurisdiction. b. whether an individual or a business brings the case. c. the subject matter or types of cases that the court can decide. d. how many defendants are named in the lawsuit.
c. the subject matter or types of cases that the court can decide
Michelle builds a shed in her back yard, but her assessment of her yard's borders is incorrect. Consequently, part of her shed sits in her neighbor Mark's yard. Michelle has committed: a. trespass to personal property. b. convergence. c. trespass to land. d. negligence.
c. trespass to land
Ethics can be defined as the study of: a. psychological phenomena in business decisions. b. beliefs in otherworldly beings. c. what constitutes right or wrong behavior. d. what is a voluntary exchange.
c. what constitutes right or wrong behavior
The American legal system has been strongly influenced by: a. Mexican law. b. Italian law. c. Russian law. d. English law.
d. English law
To address the issue of certain payments by U.S. businesspersons to government officials in foreign countries in an attempt to secure advantageous contracts, Congress passed the: a. Corporate Social Responsibility Act. b. Cost-Benefit Analysis Act. c. Civil Rights Act of 1964. d. Foreign Corrupt Practices Act.
d. Foreign Corrupt Practices Act
A state legislature passes a statute prohibiting all businesses from speaking out about any political candidate. If a group of store owners challenges the constitutionality of the law in court, will the law be upheld? a. No, because the store owners do not have privileges and immunities. b. Yes, because political speech is often significantly restricted. c. Yes, because the law only prohibits certain political speech. d. No, because the law is an unconstitutional restriction on free speech.
d. No, because the law is an unconstitutional restriction on free speech
Don's accounting firm is preparing an audit of a large publicly traded corporation. Don approaches his manager about some irregularities regarding the company's earnings report but is told to "let it slide." Don fears that this may be a violation of the: a. principle of rights. b. Uniform Commercial Code. c. Foreign Corrupt Practices Act. d. Sarbanes-Oxley Act.
d. Sarbanes-Oxley Act
Which of the following is an example of the checks and balances that the Constitution uses to prevent the national government from using its power arbitrarily? a. Congress appoints federal judges, and the president determines the jurisdiction of the federal courts. b. The judicial branch makes the laws, the legislative branch enforces the laws, and the executive branch interprets the laws. c. The judicial branch is responsible for foreign affairs, but treaties with foreign governments require the advice and consent of the Senate. d. The legislative branch can enact a law, but the executive branch has the constitutional authority to veto that law.
d. The legislative branch can enact a law, but the executive branch has the constitutional authority to veto that law.
Courtney files a lawsuit against Albert. If her case is like most lawsuits filed in this country, it will be a. litigated. b. arbitrated. c. settled. d. appealed.
d. appealed
Jones, an employee of Carey Chemical, was injured at work when chemicals entered through a hole in his protective eyewear. According to the Occupational Safety and Health Administration's regulations, Carey Chemical had eyewash stations in all areas where employees handled chemicals. Unfortunately, the nearest eyewash station was inoperable at the time and Jones suffered from partial blindness due to the effects of the chemicals. Jones brought suit against Carey Chemical for the accident. Jones had an employment contract. The judge in this case likely will: a. rely heavily on stare decisis in making her decision. b. dismiss the case based on the lack of applicable law. c. issue an injunction against Carey Chemical based on the implied contract between employee and employer. d. award damages to Jones based on administrative law.
d. award damages to Jones based on administrative law
In a(n) _______ case, one party tries to make another party comply with a duty. a. administrative b. criminal c. statutory d. civil
d. civil
Jennifer signs a contract with Brad to purchase his house. Brad decides not to sell his house to Jennifer, and she sues him for a breach of contract. The body of law applicable to a breach of contract cause of action would be: a. administrative law. b. international law. c. criminal law. d. civil law.
d. civil law
The clause in the federal Constitution that has had the greatest impact on business is the: a. Tenth Amendment. b. taxing and spending clause. c. separation of powers. d. commerce clause.
d. commerce clause
Jewel's Office Supply made a commitment to increase the percentage of its supplies that are made from recycled materials. It also allows its employees time off to do volunteer work and sponsors several local sports teams. This is an example of: a. the principle of rights. b. the moral minimum. c. a corporate compliance program. d. corporate citizenship.
d. corporate citizenship
Jackie is the lowest-producing member of her team, and the company is thinking of cutting her position in order to make some technological upgrades. Jackie's manager Sarah is reluctant to let her go, however, because she knows that Jackie has two young children to support and has been caring for her ailing mother. Sarah is applying: a. corporate social responsibility. b. utilitarianism. c. Kant's categorical imperative. d. duty-based ethics.
d. duty-based ethics
The system of checks and balances set forth in the U.S. Constitution allows: a. the judicial branch to have the final say on any issue. b. the legislative branch to tell the judges what to do. c. the executive branch to dominate all the other branches. d. each branch to limit the actions of the other branches.
d. each branch is limited to the actions of the other branches
A new law provides that employers are not required to allow employees any vacation days each year, and that it is up to the discretion of the company. DDT Business Solutions had allowed its employees a minimum of seven vacation days each year, and has stated that it will continue to do so. The company has acted: a. in ignorance of the law. b. unethically. c. illegally. d. ethically.
d. ethically
A law proposes to restrict women of child-bearing age from working with certain dangerous chemicals. This law would be subject to: a. strict scrutiny. b. the rational basis test. c. the free exercise clause. d. intermediate scrutiny.
d. intermediate scrutiny
If you defame someone, you injure: a. the judiciary. b. the person bodily. c. yourself. d. that person's good reputation.
d. that person's good reputation
A dispute arises between Calvin and Patrick, who own a business together. They have tried but are unable to work it out between themselves, but they value their business relationship and want to be able to continue to work together. How should they go about settling their dispute? a. Negotiation b. Arbitration c. Filing a complaint in court d. Mediation
d. mediaiton
A traditional type of ADR by which a third party works with both sides to facilitate a resolution is called a. online dispute resolution. b. negotiation. c. arbitration. d. mediation
d. mediation
The basic purpose of tort law is to: a. ensure that Congress does not overstep its legal authority. b. make sure that citizens follow appropriate immigration regulations. c. punish criminal wrongdoers. d. provide remedies for acts that cause physical injury
d. provide remedies for acts that cause physical injury
Bob Noll is a state appeals court judge. In making judicial decisions, Judge Noll issues rulings that are consistent with precedents established in similar cases within his jurisdiction. Judge Noll is following the principle of: a. the Constitution. b. equity. c. his own personal views. d. stare decisis.
d. stare decisis
Judges are obligated to follow the precedents established within their jurisdictions under the doctrine of: a. common law. b. precedent. c. equity. d. stare decisis.
d. stare decisis
While Mark, Cal, and Bryan are snowboarding, they ignore numerous posted warning signs that indicate they have left the marked trail and are entering dangerous territory. The boys become lost, and a helicopter is sent to rescue them. On the way to the mountain, the helicopter's blade severs a nearby town's main electrical cable. Electricity to the town is cut off for several days. Ethel, an elderly woman, dies of hypothermia due to the lack of heat in her apartment. The boys' negligence in ignoring the warning signs is: a. the superseding cause of Ethel's death. b. the proximate cause of Ethel's death. c. not the cause of Ethel's death. d. the causation in fact, but not the proximate cause, of Ethel's death.
d. the causation in fact, but not the proximate cause, of Ethel's death
The body of law that evolved from court decisions in actual legal disputes is: a. regulatory law. b. international law. c. the law of Indian affairs. d. the common law
d. the common law
James robbed George of his money at gunpoint. James is apprehended by the police, and his criminal case is pursued by: a. George. b. the civil law system. c. the NCCUSL. d. the government.
d. the government
Ricky loses his breach-of-contract case against Glenn in an Oklahoma state trial court. Ricky appeals to the state court of appeals. Losing again, he files his next appeal with a. a U.S. district court. b. the United States Supreme Court. c. a U.S. circuit court of appeals. d. the state supreme court.
d. the state supreme court
A Rhode Island state statute imposes a prison term, without trial, on all street vendors who operate in certain areas. A court would likely hold this statute to be: a. unconstitutional under the equal protection clause. b. constitutional under the due process clause. c. constitutional under the equal protection clause. d. unconstitutional under the due process clause.
d. unconstitutional under the due process clause
Jason's company is in serious financial jeopardy. He believes that he can streamline his processes and eliminate 30% of his staff positions. If he does not do this, it is likely that he will go out of business within five years, and his entire workforce will be unemployed. Jason decides to go ahead with the workforce reduction, applying the theory of: a. the moral minimum. b. duty-based ethics. c. corporate social responsibility. d. utilitarianism.
d. utilitarianism
One of the differences between tort law and criminal law is: a. a tort is considered a wrong against society. b. the state prosecutes and punishes civil actions. c. the punishment for a tort is imprisonment. d. with a tort, an individual brings a personal suit against another to obtain compensation or relief
d. with a tort, an individual brings a personal suit against another to obtain compensation or relief
The members of the City High soccer team have been training with Charlie, a personal trainer, for several years. Oscar, the soccer coach, tells the team members that they must train with Raul now and says that they will be kicked off the team if they continue training with Charlie. All of Charlie's clients immediately stop training with Charlie. Oscar has committed: a. conversion. b. no tort. c. slander. d. wrongful interference with a business relationship
d. wrongful interference with a business relationship
