BUSI 2371 Mitchell Exam 1
10) What was the key factor in the development of the English common law? A) the use of precedence of past cases for judges to decide present similar cases B) the subjective decision making of judges when it came to similar cases C) the supremacy of the king and his intervening powers when deciding cases D) the development of forensic science in helping decide cases
A.
15) Jeremy crashes his friend John's car because he is an incompetent driver. Emily, John's 15) sister, is outraged and wants John to sue his friend. John refuses to file a case against his long-time friend. Which of the following can Emily do in this scenario? A) She cannot sue Jeremy, as she has no stake in the outcome of the case. B)She can sue Jeremy on John's behalf, as she has standing to sue. C) She can file a case in the state court where she will have standing to sue. D) She can sue Jeremy, provided that John gives his consent.
A.
23) In which of the following methods of alternative dispute resolution must parties to a case employ a neutral third party to settle their dispute? A) mediation B) e-court C) negotiation D) mini-trial
A.
26) In which of the following cases is a default judgment entered? A) A defendant does not file a written response to a plaintiff's complaint. B) There is insufficient evidence to resolve the dispute. C) A defendant admits all the allegations in the complaint. D) The court believes that the lawsuit can be settled before/without trial.
A.
30) The first ten amendments to the U.S. Constitution are collectively known as the ___________. A) Bill of Rights B) Due Process Clause C) Privileges Clause D) Articles of Confederation
A.
32) Which of the following is a form of unprotected speech? A) defamatory language B) offensive speech C) commercial speech D) political speech
A.
34) Fierra Inc. is a German automobile manufacturer that has a five percent market share in the United States' automobile market. The company has a unit in North Carolina that imports Fierra automobiles from its parent company in Germany and assembles them. Which of the following measures is in accordance with U.S.A.'s Foreign Commerce Clause? A) The federal government imposes an additional hundred percent tax only on Fierra cars being sold in North Carolina. B) The government of North Carolina imposes an additional ten percent tax on Fierra cars. C) The government of North Carolina asks Fierra Inc. to shut down its import unit in the state. D) The government of Georgia bans the sale of Fierra cars.
A.
39) ________ is a doctrine that says a person is liable for harm that is the foreseeable consequence of his or her actions. A) Unintentional tort B) The tort of misappropriation C) Disparagement D) The tort of outrage
A.
52) When does a patent enter the public domain? A) when the patent term expires B) when the government deems that the practical purpose of the invention is universally applicable and cannot be controlled by one individual or a group of people C) when the patent has been challenged in court and found to be an infringement D) when the invention is either obvious or not a novel one
A.
6) Which school of jurisprudence views law as a sort of evolutionary process, where changing norms of society will be reflected in the law? A) the Historical School of jurisprudence B) the Analytical School of jurisprudence C) the Sociological School of jurisprudence D) the Natural Law School of jurisprudence
A.
94) Which of the following is considered real property? A) diamond jewelry B) a fixture permanently affixed to a building C) a car D) fifty-one percent partnership in a firm
B.
97) Rita Fuller and Robert Morgan are contending parties to a lawsuit involving then division of the inheritance from their grandmother. They wish to settle their case out of court. Rita and Robert engage in discussions and bargaining in the presence of their attorneys and finally conclude that Robert keeps 60 percent of the inheritance and Rita gets the remainder. In this scenario, the _____ method of alternative dispute resolution is used. A) mediation B) negotiation C) arbitration D) mini-trial
B.
85) A party who owes a duty of performance under a contract is called the ________. A) obligee B) assignor C) obligor D) assignee
C.
62)______ refers to a condition whose occurrence or nonoccurrence of a specific event automatically excuses the performance of an existing contractual duty to perform. A) Condition subsequent B) Condition precedent C) Implied condition D) Concurrent condition
A.
63) Which of the following refers to an agreement that substitutes a new party for one of the original contracting parties and relieves the existing party of liability on the contract? A) novation B) mutual rescission C) substituted contract D) accord
A.
67) Which school of jurisprudential thought is reflected in documents such as the U.S. Constitution, the Magna Carta, and the United Nations Charter? A) the Natural Law School B) the Analytical School C) the Sociological School D) the Historical School
A.
71) What is jury deliberation? A) jurors considering the evidence and attempting to reach a decision B) jurors being replaced in case of illness or disqualification C) jury and the judge disagreeing on the outcome of the case D) jurors re-questioning a particular witness from one Of the parties
A.
73) What is the purpose of a pretrial hearing? A) facilitating the settlement of a case before it goes to trial B) requesting the other party to produce all documents relevant to the case C) instructing the judge to decide the case without a jury D) assessing the factual accuracy of the deposition of witnesses
A.
74) Which of the following amendments to the U.S. Constitution contains the Due Process, Equal Protection, and Privileges and Immunities Clauses? A) the Fourteenth Amendment B) the Fifteenth Amendment C) the Thirteenth Amendment D) the Twelfth Amendment
A.
77) Allenby Spares, Inc. is a shop that sells spare automotive parts from various manufacturers. A customer buys a faulty brake manufactured by TurboDiezel, Inc. from Allenby Spares and is involved in an accident due to the use of the faulty brake in his vehicle. Which of the following is true in this situation? A) Allenby Spares can be held strictly liable for the faulty brake as it is part of the distribution chain. B) TurboDiezel cannot be held strictly liable as the company is not the seller in this case. C) Neither Allenby nor TurboDiezel can be held strictly liable for the faulty brake. D) Allenby Spares cannot be held strictly liable since the brake was manufactured by TurboDiezel.
A.
92) What is a patent number? A) a number assigned to a patent once the patent is granted B) a number assigned to a patent when it comes under investigation C) a number assigned to a patent when the patent is pending D) a number assigned to a patent during application
A.
98) Which of the following statements is true of states' police power? A) The states are given the authority to enact laws that regulate the conduct of business within their borders. B) Police power restricts states from regulating interstate commerce although it happens within their borders. C) The police force of a state is controlled by the federal police department. D) The states are allowed to regulate army activities within their borders.
A.
99) Which of the following statements is true of the tort of assault? A) Actual physical contact between plaintiff and defendant is not necessary. B) An assault is considered an unintentional tort. C) An attack is considered an assault only if the defendant was provoked to attack a plaintiff. D) An attack is not considered an assault if the defendant was provoked to attack a plaintiff.
A.
I l) The Analytical School of jurisprudence maintains that the law should be ___________. A) shaped by logic B) set by the ruling class C) based on morality D) based on social behavior
A.
87) Which of the following courts are considered as the federal court system's intermediate appellate courts? A) U.S. Courts of Appeals for Veterans Claims B) U.S. courts of appeals C) U .S. courts of federal claims D) U.S. district courts
B.
21) __________ are written questions submitted by one party to a lawsuit to another party. A) Rejoinders B) Interrogatories C) Summons D) Depositions
B
4) Proponents of the Command School of jurisprudence will assert that the law is A) a collection of a society's traditions and customs that has developed over the centuries B) developed, communicated, and enforced by the ruling party C) based on human reasoning, and humans' choosing power between what is good and evil D) a means to achieve and advance sociological goals
B
17) Which of the following statements is true of intermediate appellate courts? A) They only have jurisdiction to hear cases of a limited or specialized nature. B) They review either pertinent parts or the whole trial court record from the lower court. C) They hear new evidence and testimony that have come to light after the trial courts have made their decision. D) They do not grant any oral hearings to the parties.
B.
19) Which of the following is true of a majority decision made by the U.S. Supreme Court? A) A majority of the judges agree as to the outcome but not the reasoning used to decide a case. B) A majority of the justices agree as to the outcome and reasoning used to decide a case. C) All the judges agree as to the outcome and reasoning used to decide a case. D) An equal number of justices vote for and against the petitioner, and the case remains undecided.
B.
2) Which school of jurisprudential thought emphasizes using law as a tool for market efficiency while solving legal disputes? A) the Critical Legal Studies School of jurisprudence B) the Law and Economics School of jurisprudence C) the Sociological School of jurisprudence D) the Command School of jurisprudence
B.
27) In which of the following cases does a class action occur? A) The plaintiff does not reply to the defender's cross-complaint. B) A group of plaintiffs collectively brings a lawsuit against a defendant. C) The defendant has multiple grounds for appeal. D) There are no factual disputes to be decided by the jury.
B.
28) The state of Idaho has a two-year statute of limitations for personal injury actions. Graham was injured by Alice in a car accident on January 1, 2013. If Graham wants to bring a lawsuit against Alice on January 15, 2015, which of the following is most likely to be the outcome? A) Graham can sue Alice but will not receive damages. B) Graham is not allowed to sue Alice, having lost his right to sue her. C) Graham can sue Alice but is not entitled to a jury trial. D) Graham is allowed to sue Alice after appealing for an extension of the statute of limitations.
B.
3) By allowing the U.S. citizens to practice any religion of their choice, what essential function of the law does the U.S. Constitution serve? A) facilitating orderly change B) maximizing individual freedom C) facilitating planning D) maintaining the status quo
B.
35) Which of the following statements is true of the Supremacy Clause of the U.S. Constitution? A) A particular federal statute can expressly provide for exclusive jurisdiction. B) Any state or local law that "directly and substantially" conflicts with valid federal law is preempted. C) Any state or local law that "directly and substantially" conflicts with valid federal law is held valid if held in harmony with the cultural diversity in the state. D) A particular federal statute cannot exclusively regulate a specific area or activity.
B.
37) The obligation people owe each other not to cause any unreasonable harm or risk of harm is termed _____. A) Good Samaritan law B) the duty of care C) libel D) res ipsa loquitur
B.
38) Betty buys a lawnmower, manufactured by FlatPlanes, Inc., from Harvey's department store. A defect in the design of the blades causes the lawnmower to kick back on operation, injuring Betty. Which of the following remedial actions is Betty entitled to? A) Betty can only sue FlatPIanes, Inc. for strict liability as they manufactured the defective lawnmower. B) Betty can sue either Harvey's department store or FlatPlanes, Inc. for strict liability. C) Betty can sue Harvey's department store for negligence. D) Betty can only sue Harvey's department store for strict liability as they sold her the defective lawnmower.
B.
47) ________ crimes require that the perpetrator either knew or should have known that his or her actions would lead to harmful results. A) Specific intent B) General intent C) Explicit intent D) Nonintent
B.
48) __________ include environmental laws, securities laws, and antitrust laws that provide for criminal violations and penalties. A) Charters B) Regulatory statutes C) Resolutions D) Constitutions
B.
49) When is a criminal said to be judgment proof? A) when the criminal is found to be unfit to go to prison B) when the criminal does not have the money to pay a civil judgment C) when the criminal has been deemed to be insane D) when the criminal has not been read his Fifth Amendment rights prior to his arrest
B.
5) What function of the law is being served when passing laws that prohibit discrimination at workplaces? A) keeping the peace B) promoting social justice C) providing a basis for compromise D) maintaining the status quo
B.
50) A ______ is a grant by the federal government to the inventor of an invention for the exclusive right to use, sell, or license the invention for a limited amount of time. A) trade secret B) patent C) trademark D) copyright
B.
53) What is the period of copyright protection provided for individuals under the Copyright Term Extension Act of 1998? A) Individuals are granted 95 years copyright protection from the year of first publication of the work. B) Individuals are granted copyright protection for their lifetime plus 70 years. C) Individuals are granted 20 years of copyright protection, after which it has to be renewed for a fee. D) Individuals are granted 120 years copyright protection from the year of creation of the work.
B.
54) Which of the following types of patents is valid for only 14 years? A) a business method patent B) a design patent C) a process patent D) a utility patent
B.
55) Which of the following is true of a gift promise? A) A gift promise can be enforced by a court of law. B) A completed gift promise cannot be cancelled for lack of consideration. C) The promisee can take legal action if the promisor does not fulfill the gift promise. D) A gift promise contains mutual consideration.
B.
56) A contract that has been fully performed by one party but not by the other party is a(n) _______ contract. A) executed B) executory C) voidable D) void
B.
58) Which of the following is true of a contract in which one of the parties is insane but not adjudged insane? A) The contract is voidable by the competent party. B) The contract is only voidable by the insane person. C) The sane person must be placed in status quo if the insane person voids the contract. D) Only the court-appointed legal guardian of the insane person can modify the contract.
B.
64) Mark Walton was involved in a car accident in which the airbag of his car failed to deploy. He sued the car manufacturer for installing faulty airbags. But in the course of the case being heard in court, the car company and Mark decided to settle the lawsuit out of court. What important function of the law was served in this case? A) maintaining the status quo B) providing a basis for compromise C) promoting social justice D) maximizing individual freedom
B.
69) _______ are courts that hear cases of a general nature that are not within the jurisdiction of limited-jurisdiction trial courts. A) Intermediate appellate courts B) Courts of record C) Inferior trial courts D) State supreme courts
B.
7) Ordinances are codified laws that are issued by A. the Supreme Court judges B. local government bodies C. the president D. the state legislature
B.
70) The ________ hears cases brought against the United States. A) U.s. Tax Court B) U.S. Court of Federal Claims C) U.s. District Court D) U.S. Supreme Court
B.
72) _________ is the process whereby the judge and attorneys ask prospective jurors questions to determine whether they would be biased in their decisions. A) Consolidation B) Voir dire C) Intervention D) Trial of fact
B.
75) The federal government's Social Security program, which pays benefits to older members of society but not to younger members of society, is lawful as examined by a _______ test. A) intermediate scrutiny B) rational basis C) strict scrutiny D) due process
B.
76) Reserved powers remain with the __________ . A) judiciary B) state governments C) U.S. Congress D) federal government
B.
8.) The _______ branch of the federal government has the power to enforce the law. A. judicial B. executive C. legislative D. commissary
B.
82) Uploading copyrighted material to an unauthorized website by a non-copyright holder would constitute copyright infringement under the ________. A) Berne Convention B) No Electronic Theft Act C) Digital Millennium Copyright Act D) Copyright Term Extension Act
B.
1, _______________ courts were allowed to give equitable remedies under the English common law. A) Merchant B) Appellate C) Chancery D) Law
C.
100) Which of the following rights is set forth by the Sixth Amendment to the U.S. Constitution? A) privilege against self-incrimination B) right to due process C) right to a public jury trial D) protection against double jeopardy
C.
12) Which of the following statements is true of the U.S. Supreme Court? A) The U.S. Supreme Court hears appeals only from the federal circuit courts of appeals. B) The U S. Supreme Court does not grant any oral hearings to the parties. C) The U.S. Supreme Court does not hear any new evidence or testimony in reviewed cases. D) The U.S. Supreme Court's decisions are appealable.
C.
22) Which of the following statements best describes re-direct examination? A) The defendant's attorney questions the witness who was questioned by the plaintiff's attorney. B) The defendant's attorney questions the witness before he or she is questioned by the plaintiffs attorney. C) The plaintiffs attorney questions the witness who was questioned by the defendant's attorney D) The plaintiff's attorney questions the witness before he or she is questioned by the defendant's attorney.
C.
24) Which of the following statements is true of a court trial? A) All civil cases are tried with a jury. B) A jury is not required in a trial unless both parties request one. C) Prospective jurors are questioned by lawyers for each party. D) The judge is the trier of fact in a jury trial.
C.
33) Which of the following provisions is made by the Due Process Clauses? A) No state can regulate foreign trade directly or indirectly without due process of the law. B) Violation of freedom of speech makes the violator liable for immediate prosecution with due process of the law. C) No person shall be deprived of life, liberty, or property without due process of the law. D) Motions for amendments to the constitution cannot be made without a majority in the payment.
C.
40) Mary was getting a ride home in John's new car. On the way, a malfunctioning brake caused an accident and both Mary and John were injured. Which of the following statements is true of this situation? A) John can file a negligence lawsuit against the dealership from which he bought the car. B) Mary can file a strict liability lawsuit against John. C) Mary can recover in a strict liability lawsuit against the manufacturer of John's car. D) Mary can file a negligence lawsuit against the dealership that sold John his car.
C.
41) The term ______ refers to a defense that says a person who is injured by a defective product but has been negligent and is partially responsible for his or her own injuries cannot recover from the defendant. A) negligence per se B) comparative negligence C) contributory negligence D) assumption of the risk
C.
44) _______ are the most serious crimes, including crimes that are mala in se. A) Infractions B) Summary offenses C) Felonies D) Misdemeanors
C.
45) Frank Carpenter, who runs a charity organization, has been faking his father's signature on his father's personal checks and writing them in favor of the charity as donations. He gets hold of the checks from his father's personal assistant, Rhonda Mason, who is also Frank's friend and the charity's trustee. After faking the signature, Frank gives the checks to Rhonda to deposit in the bank. But unbeknownst to Frank, Rhonda routes some of the check money into her own savings account. Frank's father, Dawson, realizes that money is being withdrawn from his account without his consent. He suspects his estranged son, Frank, and in order to find out if Frank is involved, Dawson secretly offers money to the financial accountant of the charity to divulge the charity organization's financial dealings. The accountant accepts the money and gives access to the account books. After scrutinizing the financial records, Dawson realizes that Frank has been swindling him of his money, and the charity itself was being swindled by somebody from within. With this information, Dawson proceeds to file a suit against his son. In the above scenario, which criminal activity is Frank engaging in when faking his father's signature? A) extortion B) bribery C) forgery D) embezzlement
C.
46) ___________ is the fraudulent conversion of property by a person to whom that property was entrusted. A) Forgery B) Extortion C) Embezzlement D) Bribery
C.
51) What federal statute was enacted by the U.S. Congress to protect trade secrets? A) the Sarbanes-Oxley Act B) the Lanham Act C) the Economic Espionage Act D) the Telecommunication Act
C.
57) Yvonne finds a carpenter to do some repairs for her house and tells him that if he finishes the job by Saturday, she will pay him $1,000. Yvonne's offer creates a(n) ________ contract. A) executory B) executed C) unilateral D) bilateral
C.
59) In terms of a contract's enforcement, which of the following is true? A) An unenforceable contract allows at least one party the option to void his or her contract obligations. B) A contract is only considered valid if it is enforceable by both parties. C) Parties may voluntarily perform a contract that is unenforceable. D) Void contracts are enforceable in cases involving mutual mistake.
C.
61) Kinetosphere Automation Inc. (K.A.) makes a mandatory employment contract with all its employees. The contract states that K.A.'s employees are not permitted to work for any other organization while they are employed by K.A. If K.A. finds an employee serving another company, it can approach the court to obtain a(n)_______ to prevent the employee from working in the other company. A) restitution B) subjugation C) injunction D) rescission
C.
65) What led to the creation of the Chancery Courts? A) the increase in overseas trade and proliferation of piracy B) the insistence for a court system that emphasized legal procedure rather than the merits of a case C) the unfair results and limited remedies provided by the law courts D) the law courts' inability to hear all the cases presented to them
C.
68) Donald, a resident of Louisiana, is robbed in Oklahoma County, Oklahoma. The robber, a resident of the state of Texas, is soon apprehended. Which of the following is the proper venue to hear this case? A) state court in Louisiana because the plaintiff is from Louisiana B) Oklahoma federal court because the robber has committed a federal crime C) Oklahoma county court because it is nearest in location to the scene of the crime D) state court in Texas because the defendant is from Texas
C.
81) What happens to the ownership of a copyrighted work after the copyright period expires? A) The government takes over ownership of the work and provides public access for a fee. B) The copyright can be renewed for a fee by the original creator of the work. C) The work enters the public domain and can be used for free. D) A non-copyright holder can use the work, but he or she must first purchase the rights to the work.
C.
83) Which of the following statements is true about a counteroffer? A) A counteroffer is effective even before it has been received by the original offeror. B) A counteroffer can only be made by the original offeror. C) A counteroffer terminates the existing offer. D) An offeree who makes a counteroffer is still considered the offeree.
C.
86) Imposing a ban on public smoking can serve as an example of a law that adheres to the _______ School Of jurisprudence. A) Command B) Analytical C) Sociological D) Law and Economics
C.
88) What is direct examination? A) inspection and verification of all documents related to a trial by the jurors B) inspection and verification of all documents related to a trial by the judge C) witnesses being questioned by the plaintiff's attorney D) prospective jurors being questioned by the judge or lawyers of each party
C.
89) Which of the following requires that government statutes, ordinances, regulations, and other laws be clear on their face and not overly broad in scope? A) the intermediate scrutiny test B) the rational basis test C) substantive due process D) procedural due process
C.
9) The________ branch of the federal government has the power to enact laws. A. judiciary B. executive C. legislative D. consulate
C.
90) _______ damages refer to monetary damages that are awarded to punish a defendant who either intentionally or recklessly injured the plaintiff. A) Consequential B) Reliance C) Punitive D) Nominal
C.
93) Two brothers, Sam and Jim, were fighting over the division of their ancestral property. After ten years of legal battle, a frustrated Sam contacted a powerful politician who subjected Jim to extreme duress, forcing him to sign a contract in favor of Sam. When Sam takes this contract to court, the contract will be declared ________. A) unenforceable B) void C) voidable D) null
C.
95) What was the key reason for the creation of law courts during the early development of the English common law? A) to facilitate legal disputes for the wealthy and influential B) to help merchants form a standardized set of commercial laws C) to administer law in a uniform manner D) to increase the power of the king in law-making
C.
96) The _________ has special appellate jurisdiction to review the decisions of the Court of Federal Claims, the Patent and Trademark Office, and the Court of International Trade. A) U.S. District Court B) First Circuit Court C) Court of Appeals for the Federal Circuit D) District of Columbia Circuit
C.
13) Which of the following is a function of the state supreme courts? A) conducting trials related to misdemeanor criminal law B) reviewing the judgments and records of the lower courts and ratifying them C) conducting trials related to felonies and civil disputes D) hearing appeals from intermediate appellate state courts and certain trial courts
D.
14) The U.S. Supreme Court is composed of _______ Justices. A) three B) six C) ten D) nine
D.
16. ______________ refers to an official notice that the Supreme Court will review a case. A) Sua sponte B) En band review C) Stare decisis D) Writ of certiorari
D.
18) Which of the following courts are the federal court system's trial courts of general jurisdiction? A) U.S. courts of appeals B) U.s. Tax Courts C) U.S. courts of federal claims D) U.S. district courts
D.
20) Which of the following similarities is observed between tie and plurality decisions made by the U.S. Supreme Court? A) New evidence and testimony are heard before making decisions. B) The decisions can be appealed against in the U.S. Courts of Appeals. C) The decision of the lower court is affirmed. D) The decisions do not set precedent for later cases.
D.
25) Which of the following terms refers to the overturn of verdict when jury misconduct is detected? A) motion for summary judgment B) motion for judgment on the pleadings C) remittitur D) judgment notwithstanding the verdict
D.
29) Which of the following is a form of limited protected speech? A) dangerous speech B) defamatory language C) speech that incites the violent or revolutionary overthrow of the government D) offensive speech
D.
31) The ________ branch of the U.S. government is responsible for making federal law. A) Executive B) Judicial C) Fourth D) Legislative
D.
36) Jintopia is a country in which the federal government and the twelve state governments share powers. The form of government in Jintopia is _______. A) anarchism B) confederalism C) unitarianism D) federalism
D.
42) Ruggers is a maker of a range of highly popular cruise motorcycles. Tim buys a Ruggers motorcycle from a dealership and suffers an accident. While recuperating from his injuries, he learns that Ruggers has recalled all motorcycles it had manufactured and sold in the previous two years, owing to a previously unknown defect in their braking systems. Tim brings a product liability lawsuit against the motorcycle manufacturer and claims $50,000 in damages. The defect in the motorcycle is found to be half responsible for the accident, while Tim's own negligence of traffic rules contributed to the rest. Under the doctrine of contributory negligence, what would be the ruling of the court hearing this case? A) Tim can recover $25,000 worth of damages from the Ruggers and the rest from the dealership from which he purchased the motorcycle. B) Tim can recover $50,000 worth of damages plus any punitive damages that may be awarded by the jury. C) Tim can recover $50,000 worth of damages from the motorcycle manufacturer. D) Tim cannot recover any damages from the motorcycle manufacturer.
D.
43) Which of the following actions would make Sarah liable for battery? A) She smuggles marijuana into the country. B) She publishes an article which calls for the current U.S. president to quit because she thinks he is not doing a good job. C) She extends the boundary of her plot of land encroaching two feet of her neighbor's plot. D) She slaps her ex-husband because he denied her alimony.
D.
60) Heather chooses to buy a scarf from Macy's and reads the price on the tag as $50. She uses her credit card to pay for the scarf, but only after the purchase does she notice that the price tag actually says $500. This is an instance of a(n) ________. A) innocent misrepresentation B) bilateral mistake C) mutual mistake of value D) unilateral mistake
D.
66) Which of the following would be considered an example of shaping moral standards, as seen as a function of the law? A) laws preventing the overthrow of a government B) laws providing for the right to peaceful protest C) laws granting freedom of speech and religion D) laws discouraging drug and alcohol abuse
D.
78) Gary Govetty is a famous movie star. A tabloid published an interview with his ex-girlfriend in which she falsely claimed that Gary was completely bald and had been wearing a wig for several years. Gary can sue his ex-girlfriend for _________. A) negligent infliction of emotional distress B) invasion of the right to privacy C) tort of appropriation D) slander
D.
79) The wrongful or fraudulent taking of another's personal intangible properties like trade secrets, computer programs, and other business property is considered a(n) ______. A) aggravated robbery B) aggravated burglary C) robbery D) larceny
D.
80) Who is the plaintiff in a criminal lawsuit? A) the victim B) the respondent C) a private party D) the government
D.
84) Kyle goes to a used automobile dealership to buy a truck. He signs an agreement with the dealership that includes a description of the truck, its price, and other details. This is an example of a(n) ________. A) unilateral B) implied-in-law C) implied-in-fact D) express
D.
91) Roland and Kelly were involved in a car accident in which Kelly was badly injured and had to be hospitalized. After the accident was investigated, it was determined that Roland's negligence was the cause of the accident. He was charged with reckless driving, a crime. In criminal proceedings, what course of action should Roland take to prevent Kelly from using evidence of his guilt against him in a subsequent civil trial seeking recovery for her injuries and hospital bills? A) plead guilty and serve the punishment established by the government B) plead not guilty and go to trial C) enter into a plea bargain with the government, admitting guilt but receiving less punishment in return for the plea D) enter into a plea of nolo contendere
D.
