Business law test 2

Diversity jurisdiction must be shown to bring an appeal in a state's highest court.

false

The Restatement (Third) of Agency has been adopted in about half of the states.

false

The centerpiece of a fiduciary obligation is the agent's duty to act with due care when performing the responsibilities of the agency

false

The primary difference between arbitration and other forms of ADR is that arbitration is quicker.

false

The term litigation refers to the trial but does not include pretrial events as well.

false

Transcripts of ADR proceedings are required to be available to the public.

false

Your professor is a partially disclosed agent representing your school.

false

The U.S. Constitution requires that all state court judges be appointed by the state's governor and approved by the approval of the state's legislature.

False

A state probate court, which hears only wills and estates matters, is generally described as having limited authority or jurisdiction.

True

Generally, everything relevant to a dispute is discoverable in a civil lawsuit unless protected by a legal privilege

true

If an agent is acting within the scope of his or her employment and commits an intentional tort harming a third party, the principal may be liable for the injuries sustained.

true

In an agency relationship, one party agrees to act as an agent for another party.

true

In the typical business context, ADR is invoked either via contract or by mutual agreement.

true

Inducing someone to break a contract with a third party is tortious conduct.

true

LaMonte has sued Jarod and received judgment in the amount of $24,000. LaMonte is a judgment creditor.

true

Legally mandated arbitration is nonbinding arbitration.

true

Minimum contacts in a state need not be shown if an out-of-state corporation's conduct has the reasonably foreseeable potential to cause injurious effects to a forum state plaintiff.

true

Not all courts have the authority to hear all cases.

true

Kenny and Gene planned to steal Dave's custom car. The came up with a strategy to trick Dave into loaning them his keys while pretending to be valets at the restaurant Dave was planning to eat at. They put on fake valet uniforms and arrived at the restaurant, but just before carrying out their plans, Kenny and Gene change their minds and left Dave and his car alone. What crime, if any, have Kenny and Gene committed?

. They are guilty of conspiracy.

Which of the following courts renders decisions binding only on the parties involved in the dispute?

A U.S. District Court.

What are the two primary roles of the judiciary in the U.S. system?

Adjudicate cases and perform judicial review

Shelby is a pizza delivery driver for Quick-E-Pizza. One day Shelby negligently failed to close her delivery truck's passenger door while stacking up six pizzas for delivery in the passenger seat. When she took a corner a little too fast, the pizzas flew out the door, tumbling into a busy intersection. A pizza splatted on Manuel's front window and he swerved out of control and crashed into a food truck, causing thousands in damages and physical injuries. Which of the following is correct of liability for the damages?

Both Shelby and Quick-E-Pizza are liable.

Brenda is the CEO of a large corporation. While presenting a proposal to a commercial bank for a corporate loan, she offered the bank's commercial loan manager a $10,000 "gift" for favorable treatment. Is Brenda guilty of bribery?

Brenda is not guilty of bribery.

Big Manufacturing was interviewing Blondell for a position as a production line manager. He had excellent references for working hard and competence, but one of his references told the hiring supervisor that Blondell had a temper and seemed like he was always "ready to explode." Since Big Manufacturing needed a manager fast, they took their chances and offered Blondell a job. Within a month after being hired, Blondell screamed at a group of tourists visiting the factory and punched Craig, a man who shouted back at him. Craig sued Big Manufacturing for his injuries. What result?

Craig wins under the doctrine of negligent hiring.

Shirley owned a lion which she kept on a thick chain in her backyard. She took several precautions to protect people in the neighborhood, including building a high fence around her yard and putting up several signs that said "Beware of lion. No trespassing." In spite of the precautions she took, Darby managed to climb the high fence, ignored the signs and jumped into her backyard. Darby was mauled by the lion and managed to escape with serious injuries. Darby sued Shirley for his injuries. What is the likely result?

Darby wins because Shirley is strictly liable for her abnormally dangerous activity of keeping a wild animal.

Stan and Dwight were playing in a golf tournament and came to a hole where there was a hill that required a blind shot to the green. Dwight asked Stan to drive ahead in the golf cart to see if they could hit their shots. Stan drove the cart over the hill, saw the green was clear, and started driving back to the tee box. Dwight never saw Stan heading back in the cart, became impatient and without warning hit his shot. The shot conked Stan on the head, knocking him out and resulting in a long term disability. Stan sued Dwight for negligence. What is the likely result?

Dwight is liable for negligence because Stan did not knowingly assume the risk that Dwight would hit a shot in his direction.

Elizabeth works as a delivery driver for Big Box Hardware Store (BBHS) and picks up a load of metal barn roofing to deliver to a customer. Elizabeth is told by her manager to take a certain route to deliver the roofing. While driving to the location, Elizabeth decides to drive a half mile out of her way to pick up some food at Taco Palace. Elizabeth does not call BBHS to ask for permission to get tacos. On the way to Taco Palace, Elizabeth rear ends Jake's car, giving him whiplash and totaling his car. Jake sues BBHS. What result?

Elizabeth was on a detour, so BBHS is liable.

In recent years, the Supreme Court of the United States has generally accepted only about 10 percent of the petitions for a writ of certiorari made to the Court each year.

False

Gertie was sitting on her porch when she saw William, a person who lived down the street from her whom she occasionally spoke to, walking by, texting on his phone. William turned towards the street, not paying attention to his surroundings. Gertie saw he was about to walk into the path of an oncoming truck but did not warn him and watched as he was hit by the truck and flew through the air. William was badly injured and sued Gertie. What is the likely result?

Gertie wins because there was no special relationship between her and William.

Isabelle was a reporter for KTUV News. She reported on the nightly news that Sharaf, an engineering professor at the city's university, was a prime target of a State Department terrorism investigation and was credibly accused of aiding international terrorists to attack the United States. Although Isabelle had received this information from a reliable government source and had no malice against Sharaf, the story was completely false, Sharaf was innocent. Sharaf's reputation in the community was ruined. His friends avoided him and students stopped signing up for his classes. He was eventually fired by his dean. Which of the following is Isabelle guilty of?

Isabelle is not guilty of defamation due to a qualified privilege.

High Sierras, LLC is incorpated in Nevada, but is headquatered near Squaw Valley in Nothern California. High Sierra could be sued in Nevada for it's alleged defective product if:

It maintains a sales agent with a small satellite office in Carson City, Nevada.

Which of the following best represents arbitration?

Laila is hearing and will be deciding a matter in which an attorney will represent their corporate clients. The parties will be able to present limited evidence before Laila.

The two most common formal methods of ADR are:

Mediation and arbitration

Which of the following would create a case with concurrent jurisdiction?

Myron, a resident of Missouri, is suing Zandra, a resident of Maryland, for $100,000 because Zandra accidentally dropped a sledgehammer on Myron's big toe.

Which of the following must a court have to exercise jurisdiction over a matter?

Personal jurisdiction and subject matter jurisdiction

Which of the following would not be a legitimate exercise of judicial power in the U.S. system?

Personal jurisdiction and subject matter jurisdiction

Rachel ran a food truck business. Willow told several of Rachel's customers that in her opinion, Rachel was the "biggest jerk" she knows. As a result, some of Rachel's customers stopped buying food from her truck. Rachel is considering a lawsuit against Willow for defamation. Assuming you are Rachel's legal counsel, what is the best and most accurate legal advice?

Rachel does not have a good case for defamation because Willow's statement is pure opinion.

Rodriguez and Howard, Attorneys at Law, hired Rhoda as an associate attorney. Rhoda represented a client while working for Rodriguez and Howard and told several lies about Marlin, the person her client was suing. These lies resulted in Marlin being fired from his job. The principals at Rodriguez and Howard had no knowledge of what Rhoda had done. Under these circumstances, which of the following can Marlin successfully sue?

Rhoda but not Rodriguez and Howard, as Marlin suffered no physical harm.

Quintin works as a telephone lineman for Shell Telephone. While driving to a job site, he noticed the truck's power steering was making a bit of noise. Quintin stopped and checked the power steering fluid gauge, which registered as low. He then bought some power steering fluid for $5 at Auto Parts Emporium, added it, which was a simple operation not requiring a mechanic, and the truck worked fine thereafter. If Quintin seeks reimbursement for the fluid, is Shell required to provide it?

Shell will be required to reimburse Quintin for the cost of the fluid based on implied authority stemming from his express authority to drive the truck.

Which of the following is a true of the distinction between employee agents and independent contractors?

The agent is classified based on the level of direction and control that the principal has over the agent.

Mediation differs from arbitration in which of the following ways?

The mediator's goal is to defuse antagonism and help the parties reach a solution, the arbitrator's goal is to conduct a hearing and render a decision.

Michelle is driving at night when a policeman pulls her over for a blown taillight. When he approaches the car, he shines his flashlight into the car and sees a bag of white powder on the back seat. The officer orders Michelle out of the car and then reaches in to seize the bag. A quick examination leads him to believe that the bag contains cocaine. He arrests Michelle and takes her to the station. Was the officer's search legal?

The officer conducted a legal search of areas which were openly visible because he may look into the car and may use simple mechanical devices, such as a flashlight, to aid his search without a warrant.

Which of the following would be a servant in a master-servant relationship?

The security guard who worked for Countryside Credit Unio

Which of the following statements is true? . State criminal statutes and federal criminal statutes may not outlaw identical or substantially identical conduct. b. There are no federal common law crimes. c. State and federal criminal law may not coexist due to federal preemption limitations. d. All U.S. states have adopted the Model Penal Code in whole or in part.

There are no federal common law crimes.

A court may exercise personal jurisdiction over a business entity.

True

States provide an automatic right to appeal inferior court decisions, usually to the state's trial court.

True

Which of the following circumstances involves a remand?

Vashti, a state appeals court judge, reverses a trial court case and sends it back to the trial court with instructions that a different rule should be followed.

A tort is

a civil wrong where one party has acted or failed to act in a way that causes loss to be suffered by another.

Carnie is a plaintiff in a lawsuit based on an auto accident in which she alleges she received whiplash when Richard hit her car. She wants to get information about what Penelope, a witness saw, before the trial starts. Which of the following legal procedures could Carnie use to get this information from Penelope?

a deposition

An ex post facto law is

a law that criminalizes an act that occurred before the law was enacted.

An example of a forum selection clause is

a provision in a contract between Levin and Anna which says that if there is a dispute between the parties, it will be in a court within Levin's state.

Courts enforce fraudulent misrepresentation for intentional lies but will not enforce fraudulent misrepresentation for negligent ones.

false

Which of the following statements about alternative dispute resolution (ADR) is true? a. A common formal ADR method is mediation. b. Settlement agreements are a formal version of ADR. c. Arbitration is the only form of ADR that involves the use of an independent party to resolve disputes. d. All of the answer choices are correct.

a. A common formal ADR method is mediation.

Audie is signing a contract. He doesn't mind the idea of alternative dispute resolution (ADR) but wants to preserve his right to later have any dispute that arises under the matter heard in court. Which of the following would provide him with the right to have his case heard in court after ADR? a. All of the answer choices would provide Aude the right to later have his case heard in court. b. Nonbinding arbitration c. Mediation d. Mini-trial

a. All of the answer choices would provide Aude the right to later have his case heard in court.

Which of the following situations will create diversity jurisdiction? a. Forrest, a resident of Georgia, is suing Bubba, a resident of Alabama, for $150,000 for injuries Forrest alleges Bubba caused him when he ran over Forrest's foot with his truck. b. Vronsky, a Pennsylvania resident, is suing a state university in Pennsylvania on grounds that the university denied him his civil rights. c. All of the hypotheticals involve situations that would create diversity jurisdiction. d. Arizona sues Nevada to stop Nevada businesses from polluting water from the Colorado river that flows into Arizona.

a. Forrest, a resident of Georgia, is suing Bubba, a resident of Alabama, for $150,000 for injuries Forrest alleges Bubba caused him when he ran over Forrest's foot with his truck.

Which of the following best represents arbitration? a. Laila is hearing and will be deciding a matter in which an attorney will represent their corporate clients. The parties will be able to present limited evidence before Laila. b. Joe works as an intermediary who attempts to get parties to resolve their legal matters, though he has no power to decide how the matter is resolved. c. Rhonda is a trial court judge who is hearing a case in a bench trial format. d. Muhammad is an attorney representing a party. He agrees to a resolution of the matter in a conference with the opposing counsel.

a. Laila is hearing and will be deciding a matter in which an attorney will represent their corporate clients. The parties will be able to present limited evidence before Laila.

State long-arm statutes are used to establish subject matter jurisdiction over out-of-state defendants.

false

Blaise is employed as a buyer for Big Auto Supply (BAS). As part of his normal duties, Blaise regularly ordered supplies for BAS from Huge Auto Parts (HAP), which he would then pick up and take to the BAS warehouse. BAS always paid for these parts within 15 days of receipt. Blaise was fired from his job and three days later, placed a $10,000 order for parts from HAP from his personal cell phone. He picked up the parts and then sold them on the internet, taking the money for himself. BAS management never informed HAP that Blaise had been fired. Under these circumstances, BAS could be liable for HAP's damages based on

apparent agency authority.

Jordan has just fired Donnie, who was his agent in his stock brokerage firm, Wolfco. Jordan placed an ad in the Wall Street Journal stating: "Donnie no longer works for Wolfco or represents Wolfco in any way, shape or form." Jordan placed this ad to eliminate any possible liability resulting from

apparent authority.

A plaintiff who knows there is a substantial danger associated with certain conduct and goes ahead with the dangerous activity anyway gives the tortfeasor the defense of

assumption of the risk

Which of the following will not create minimum contacts in a state sufficient to find personal jurisdiction on an out-of-state defendant? a. Lucy, Zehmer and Associates, a law firm based in Virginia, has no office in Maryland, does not send attorneys to Maryland and has no clients in Maryland, but target advertises on billboards and on radio and TV spots on local Maryland stations. b. Hadley & Baxendale, LLC., an accounting firm based in Oklahoma, regularly send accountants out on audits to Texas to visit clients, but maintains no office or physical presence in Texas. c. Modern Pharmaceuticals maintains a website that provides customers information about its products, as well as email addresses and phone numbers for regional sales representatives from whom customers can purchase products. d. Bixby Scientific, based in Massachusetts, has a satellite office in Vermont where a corporate attorney works once a week.

c. Modern Pharmaceuticals maintains a website that provides customers information about its products, as well as email addresses and phone numbers for regional sales representatives from whom customers can purchase products.

Which of the following is true of the U.S. court system? a. Federal appellate courts set precedent, while state court decisions are only binding on the parties to the case. b. All of the answer choices are correct. c. U.S. Supreme Court appellate review is discretionary. d. The U.S. Supreme Court is constitutionally mandated to be nine justices.

c. U.S. Supreme Court appellate review is discretionary.

Which of the following is true of agency law? a. It only exists in employer-employee relationships. b. Only individuals can act as agents, corporations function exclusively as principals. c. Agency law is primarily state statutory law. d. In an agency relationship, the principal is under the charge of the agent.

c. Agency law is primarily state statutory law.

Who of the following is a gratuitous agent? a. Carlton works for Big Corp as a delivery driver b. Jamielyn works as a staff accountant for Roosevelt, Truman and Eisenhower, CPAs c. Gerta asks her roommate Dorian to pick up her laundry from the dry cleaners as a favor d. Carlton works for Big Corp as a delivery driver

c. Gerta asks her roommate Dorian to pick up her laundry from the dry cleaners as a favor

The fact that the injury would not have occurred except for the breach of duty by the tortfeasor is called the

cause in fact

Dravon agreed by contract to be an agent employee for Imagine Corporation. This is known in agency law as

consent

The legal process and safeguards given to individuals in the U.S. during criminal investigations, arrests, trials, and sentencing is known as

criminal procedure

Sharma was a trial attorney representing a defendant in a lawsuit. She was asking a series of leading questions of a witness for the opposing party in a lawsuit. These questions came after the plaintiff's attorney had asked questions of the witness. What is this form of questioning called?

cross examination

Which of the following will not create minimum contacts in a state sufficient to find personal jurisdiction on an out-of-state defendant? a. Bixby Scientific, based in Massachusetts, has a satellite office in Vermont where a corporate attorney works once a week. b. Hadley & Baxendale, LLC., an accounting firm based in Oklahoma, regularly send accountants out on audits to Texas to visit clients, but maintains no office or physical presence in Texas. c. Lucy, Zehmer and Associates, a law firm based in Virginia, has no office in Maryland, does not send attorneys to Maryland and has no clients in Maryland, but target advertises on billboards and on radio and TV spots on local Maryland stations. d. Modern Pharmaceuticals maintains a website that provides customers information about its products, as well as email addresses and phone numbers for regional sales representatives from whom customers can purchase products.

d. Modern Pharmaceuticals maintains a website that provides customers information about its products, as well as email addresses and phone numbers for regional sales representatives from whom customers can purchase products.

Courts apply a subjective standard when examining the existence of offer and acceptance by the parties when they created an agency relationship.

false

Which of the following statements is true? a. The options available to business owners in the dispute resolution process have diminished significantly in recent years. b. Dispute resolution requires a cost-benefit analysis. c. Dispute resolution is a purely technical and legal matter that should best be left to the sole discretion of attorneys. d. All of the answer choices are correct.

d. All of the answer choices are correct.

Basic Technologies manufactured an engine that was used in small airplanes. The engineers specified B-grade wiring to be used in the engine. When Bonnie flew an airplane with a Basic Technologies engine, the wiring failed and the plane crashed, injuring her. Bonnie claimed that the plane should have had the more heavy-duty A-grade wiring on the engine. Bonnie is claiming which of the following products liability defects?

design

Roger works as a sales manager for Hi-Tech Solutions, a company that performs software consulting services. While working for Hi-Tech, Roger started a side business doing software consulting work and made $50,000 in it over the course of three years. Roger never informed Hi-Tech of his lucrative side business. If a court finds that Roger breached his duty of loyalty and orders him to pay Hi-Tech the $50,000 in profits he earned from his secret business, this is known as

disgorgment

Ben is the manager of a branch of a large bank. He has regularly taken money from customers' accounts for his own use and changed the bank records to cover his actions. Ben is guilty of

embezzlement

Frosty and Sunny agreed to an agency agreement where Frosty would work for Sunny from January 1 until April 1. On April 1, the agency will terminated by

expiration

A court may hear a case if it has jurisdiction over either the subject matter of the dispute or the parties in the case.

false

A revocation of the agency relationship requires that the principal and the agent agree to terminate the agency.

false

A summons is a court order compelling a person to testify or produce evidence in his or her possession.

false

Actual authority is the authority that the third party may reasonably assume that the agent possesses.

false

Actual trade secrets of a company are exempted from discovery and need not ever be disclosed.

false

Arbitration can at times be legally mandated, but mediation is entered into only on a voluntary basis.

false

At trial, the judge decides the facts and the jury decides the law.

false

Because there is no general duty to act or assist others, a store is not liable if, after washing a floor, it fails to notify the public of the slippery condition and someone is injured. Stores give such notification as a convenience to customers but not because of a legal duty.

false

Bilston has shoplifted at a local store, stealing three mobile phones. The theft is not detected until store camera videos are examined later that afternoon. Store management has the right to go to Bilson's home and detain him until police arrive.

false

Brian hired Craig to negotiate a deal with Rudy. Brian instructs Craig that while he is in Rudy's office, should he be able to steal the Johnson file, he is to do so. If Craig has the opportunity to steal the file but fails to do so, he is in violation of his duty of obedience and obligation to follow his principal's instructions.

false

Counterclaims are filed by the plaintiff in civil matters.

false

E-mail communications between parties in an ongoing business relationship have been found to create sufficient minimum contacts to establish personal jurisdiction without a separate physical presence, and this rule is the prevailing law throughout the United States.

false

Each stage of litigation is separate and distinct, and each must be completed before the next stage may be started.

false

Employers, in some states, enjoy an absolute privilege when giving employment references as long as the reference is factual and without malice.

false

Faron has a toothache and is driving to the dentist. He's in a lot of pain, so he speeds down the road 20 miles over the speed limit. If he has an accident, it is an intentional tort and not negligence because he knowingly was speeding.

false

For the courts to allow a lawsuit to proceed, both the plaintiff and the defendant must be able to prove standing or the suit will be dismissed.

false

If a jury acquits the defendant at the end of a trial, the prosecutor may retry the defendant on the same charges without violating the defendant's double-jeopardy protection under the Constitution.

false

In an agency relationship the principal's control must be total and continuous over the agent.

false

Jessica was caught shoplifting at a department store both by employees who witnessed the act and by cameras in the store. The store's management may hold her as long as it takes to get her to confess.

false

Jonathan is a junior in college and has started dating a secretary who works in the college president's office. She is madly in love with him, and when he asks for the passwords to access the school's main computers, she gladly gives them to him. He uses the passwords to change his grades. Jonathan has violated the Sarbanes-Oxley Act.

false

Justin is annoyed because his neighbor's dog is constantly barking. He intentionally walks up to the dog in his neighbor's yard and viciously kicks it. Justin has committed battery.

false

Milio is having coffee in a coffee house when he sees Jordan, who is the dean of a Midwest business school. Milio used to teach at Jordan's prior school and was considered a very valuable faculty member. They haven't seen each other for years, and Jordan has no idea what Milio has been doing or where he's currently working. She tells him that she has a position for him if he's interested. The next day Milio quits the university he's under contract with and signs a contract with Jordan's school. Jordan's school can be sued for tortious interference with existing contractual relationship.

false

Ms. Bobbin, your ethics teacher, is a first-year professor, just out of school, and she is very tough and demanding. You've done poorly on the first two tests, and you think it's her fault. Someone tells you that she has a criminal past, and, without verification, you spread this allegation. In fact, Ms. Bobbin has been a model citizen and never broken the law. As a result of your actions, she is put on probation, pending an investigation. She cannot sue for defamation because, as a professor, she is a public figure and your conduct was intentional but not a careless disregard of the truth or an act done with malice.

false

One of the major functions of criminal law in general is to compensate parties for damages caused by another's conduct.

false

One of the principal's duties is to keep an accounting during the agency relationship.

false

Peter and Paul are business associates. The police enter the business with a search warrant because Peter is under investigation for a crime. When the police ask Paul to answer some questions, he agrees, but one of the questions, if answered, might make him culpable too. Paul must answer the question because he is not under investigation and therefore does not currently have the right against self-incrimination.

false

Physical harm or injury is required to prove a case of intentional infliction of emotional distress.

false

Professor Smith announces to his dean that the students in his noon class are the worst students that he has ever had and that they should never have been admitted to the school. The students are actually as qualified as any other students admitted to the school. The students may sue Professor Smith for slander.

false

Questions asked by an attorney of witnesses whom he or she has called to testify are called a cross-examination.

false

Your professor is in the middle of her lecture when the dean from a competing school walks into class and offers her a position at his school at double her present salary. When she asks when the position will start, he says tomorrow. Your professor looks at the class, says good-bye, and walks out to start cleaning out her office. Your school can sue your professor for tortious interference with an existing contractual relationship.

false

The IRS three-prong test includes which of the following elements?

financial relationships

As a general rule, judges are _________________ and juries are ____________________.

finders of law, finders of fact

Evidence obtained from an illegal search may not be used against the defendant. This is called

fruit of the poisonous tree.

While driving his motorcycle to work in the morning at Hugeco, Fritz, a staff attorney, is not paying attention and swerves onto the sidewalk, runs over Annika's foot, causing her injuries. Annika sues Hugeco under respondeat superior theory. If the court does not permit her lawsuit to proceed because Fritz was on his morning commute, this would be an application of the

going-and-coming rule

Mitigating circumstances

if proved, may be applied to reduce a defendant's punishment.

In a products liability case, the injured party can pursue a legal remedy against the seller of the product based on all of the following theories except

immunity

The principal difference between in rem and in personam jurisdiction is

in rem jurisdiction involves property, in personam jurisdiction is over the parties to a dispute.

A grand jury will issue a[n] ________ if its investigation indicates that a defendant should be held over for trial.

indictment

The three primary categories torts fall into are

intentional torts, negligence and strict liability.

Shirley, a policeman, was walking down a public sidewalk at night with her flashlight. She passed a parked car and shined her flashlight into it. In the back seat, she saw a bong and a baggie that obviously contained marijuana. From this, she obtained a search warrant to check the car more thoroughly and the owner was later arrested. Shirley's actions were

legal because it was a search of an area that was openly visible and authorities may use simple mechanical devices to aid searches without a warrant, and what she saw would support a subsequent warrant.

Bennie was appointed by the state to act as a disinterested go-between, helping two parties to a lawsuit to resolve their dispute. Bennie's job did not allow him to make a final decision in the matter. Bennie is known as a/an: ______________________.

mediator

Murder is the killing of a human being with malice aforethought. Malice aforethought is the premeditation and planning of the crime. Malice aforethought shows that one considered the consequence of the action and knowingly committed the crime. The malice aforethought would be the __________________

mens rea

Sharice was working on a scaffolding 20 feet above the ground when she carelessly tossed her power drill to a co-worker. It fell to the ground and landed on Gardner, a visitor to the construction site, injuring him. What category of tort is this?

negligence

Jill was very angry at Axel. She summoned him to her office and told him that he was a terrible employee and had been stealing money from the company. There was no one else in the office at the time, but Axel was very offended as Jill was intentionally lying about him. Jill has committed

no defamation tort

A misdemeanor is punishable by

one year or less of incarceration.

Bev knew that when she was dealing with Kirsten that Kirsten was representing another party in a land purchase, but she did not know whom. This type of agency is a/an

partially disclosed agency

Botha is a rich art collector and corporate executive who wants to remain anonymous in a purchase of a Van Gogh painting. He has Francine, an executive in his corporation, negotiate for the purchase of the painting, which is being sold by Northaby's Art Sales. Francine reports directly to Botha and is supervised directly by him. Botha instructed Francine to tell Northaby's that she represents an art collector who will go unnamed. The agency would be described as

partially disclosed.

Chan wants to file a lawsuit. What will be the first stage of litigation for him?

pleadings

In an agency relationship, the agent owes each of the following duties to the principal except a duty of

preparation

A warrant is issued based only on

probable cause

Doke is manager of an apartment building and notices the parking lot has numerous potholes. Residents are complaining and threatening to not renew their leases. Without contacting Kimba, the owner of the apartment building, Doke calls a paving service, signs a contract, and has them repave at a cost of $50,000. Doke has no authority to make such expensive repairs. When Kimba returns from a vacation and sees the parking lot, she thanks Doke for his initiative and approves of the repairs. This is an example of a/an

ratification of agency.

Maria is the CFO of a company being investigated by the SEC for various alleged violations. Each of the following would constitute an obstruction of justice except

refusing to answer questions and invoking the Fifth Amendment

Julio is suing Samuel for breach of contract. He wants to get some documents from Samuel which he believes will help him prepare his case. What is the term for this procedure?

request for production

Butler was shopping at Sky Mart and slipped and broke his tailbone because an employee had dropped a gallon of milk in the aisle. This was on October 25, 2019. The state law that requires Butler to file his lawsuit by October 25, 2022, is known as a/an ________________.

statute of limitations

Formal action in a lawsuit begins when the plaintiff files a _______.

summons and complaint

When a principal breaches a duty to an agent

the agent generally has the right to recover damages in court.

Fran was walking down the sidewalk when she was approached by Sherm, who held a gun to her head and threatened to shoot her if she did not break into a car and steal a computer he saw inside. Fran did so and was arrested when her fingerprints were later found on the car. Under these circumstances, Fran has

the defense of duress

venue is

the determination of the most appropriate location for the dispute.

A motion for a judgment as a matter of law is called a motion for a judgment non obstante veredicto in some states.

true

A motion for a summary judgment may be filed by either the plaintiff or the defendant.

true

A person cannot be guilty of negligence if he or she has no duty owed to the plaintiff.

true

A potential juror who worked with a litigant may likely be disqualified as a juror based on a challenge for cause

true

A principal has the power to terminate an agency relationship at any time.

true

A state court may not unilaterally declare or decide that the proper venue for a case should be in another state.

true

An agent is generally prohibited from using his or her own judgment as a substitute for the principal's judgment unless specifically authorized by the principal.

true

Bryant is drunk and driving his car 20 miles over the speed limit. He hits Angelina, who is crossing the street against a red light. Angelina has over $95,000 in medical bills and has significant pain and suffering. If Angelina sues in a state that still follows the theory of contributory negligence, she will get nothing.

true

Congress has twice passed federal statutes intending to control pornography over the Internet with regard to distribution to minors, and both times the law was struck down as being too broad and too vague, therefore infringing on freedom-of-speech rights of the general public.

true

Courts have been very reluctant to extend reasonable expectations of privacy rights to the workplace.

true

Diversity of citizenship is a form of federal personal jurisdiction when the amount in controversy exceeds $75,000.

true

Faye is driving when she sees an accident occur a half mile in front of her. Sarah has negligently swerved her car, forcing Lindsay's car off the road and into a tree. Lindsay is thrown from the car and appears injured. Faye stops to render aid, and while helping Lindsay, she slips and breaks her leg. Sarah is not liable in negligence for Faye's injury because the injury was not foreseeable and Sarah's act was not the proximate cause of Faye's injury.

true

Officer Jones is a policeman on a foot patrol at Ole Miss. When he passes a group of three students, he smells what he believes to be the odor of marijuana even though he does not see any of the three students actually possessing it. He may conduct a limited pat-down search of the three students to determine whether any have marijuana on their person.

true

One significant benefit of an employer's completing an IRS Form SS-8 is that even if the employer does, in fact, misclassify a worker, the proper completion of the form may evidence a good faith effort by the employer, reducing or even eliminating IRS penalties for misclassification.

true

Salena is walking her 6-month-old baby in a stroller. Marlon, a stranger, looks into the stroller and says, "Wow, that's one ugly baby." Salena is furious and sues Marlon for intentional infliction of emotional distress. Salena will likely lose.

true

The Model Penal Code has been adopted by approximately two-thirds of the states.

true

The doctrine of negligent hiring applies to independent contractors only when the contractor is hired to do a hazardous or inherently dangerous job.

true

The exclusionary rule is controversial because it tends to benefit guilty parties by suppressing evidence that is often instrumental in convicting them.

true

The manager at an apartment complex has no prior criminal record but has just been arrested for possession of child pornography. If he is convicted but given probation and not jailed, the apartment complex may be liable if it does not fire him and he later harms a child on the premises.

true

The physical presence of an out-of-state party in a particular state is generally an automatic basis for jurisdiction over the defendant by both that state's courts and the federal trial court within that state.

true

The right to confront witnesses through cross-examination is contained in the Sixth Amendment.

true

Vince is a general contractor who hires Brad to install plumbing in a government building under construction. The morning that Brad is to begin work, Vince discovers that Brad has lost his plumbing license and is no longer eligible to do work on government buildings. When Brad shows up ready to work, Vince informs him that he cannot use his services and sends him away. The agency relationship terminated due to operation of law.

true

When the judge issues the jury instructions, the judge is said to be charging the jury.

true

With regard to negligent hiring, courts would require the least amount of scrutiny regarding a

warehouse worker