Test 2 chapers 8,9,11 BA 200

Hamburger Hamlets, Inc. is a chain of fast-food restaurants. Its major competitor is Sam's Sandwiches, Inc. Sam's Sandwiches' public relations vice president issued the following statement, "We have documented proof that Hamburger Hamlets uses horse meat in its burgers." Which of the following statements is true? a. Sam's is liable for defamation. b. Sam's has not committed a tort. c. Sam's is liable for negligence. d. Sam's is liable for public disclosure of private facts.

A

The duty standard for the tort of negligence is: a. reasonably ordinary and prudent person. b. an established premeditated intent to do harm. c. a cautious, prudent, and trained individual. d. strict liability.

A

Brad, an actor, has filed suit against an online tabloid for using a photo of him on its web site. The basis for Brad's complaint is: a. intentional infliction of emotional distress. b. negligence. c. appropriation. d. assumption of risk.

C

The distinguishing element between intentional torts and negligent torts is: a. level of damages. b. duty. c. intent. d. causation.

C

The tort of intentional infliction of emotional distress: a. is the same as the tort of false imprisonment. b. is a property tort. c. requires proof of conduct that exceeds all bounds of decency. d. requires proof of some physical harm before there can be recovery.

C

The use of a movie star's picture without permission in an advertisement would be the basis for which cause of action? a. assumption of risk b. intentional infliction of emotional distress c. appropriation d. negligence

C

Which of the following is NOT an intentional tort? a. invasion of privacy b. false imprisonment c. strict tort liability d. battery

C

Which of the following is prohibited under HIPAA? a. a computer screen in a doctor's office that is not visible to others b. passing on medical information for a patient to a vendor with a release c. a doctor discussing his patient's medical condition with her neighbor d. creating an environment that prevents others from overhearing conversations relating to prescription information

C

hich federal law applies to all navigable waters up to 200 miles offshore? a. Toxic Substances Control Act (TSCA) b. Safe Drinking Water Act (SDWA) c. Oil Pollution Act d. Federal Water Pollution Control Act (FWPCA)

c

The "but for" test: a. has been eliminated as the causation test in negligence cases. b. is the test for causation. c. is the test for proximate cause. d. is the test to determine if there are damages.

B

Which of the following is NOT an element of negligence? a. breach of duty b. intent c. proximate cause d. causation

B

For the shopkeeper's privilege to apply: a. the shopper who is detained must have actually shoplifted something. b. there must not have been false imprisonment. c. there must be an actual arrest of the detained shopper. d. the merchant must have had reason to believe a shopper has taken something and must be detained for a reasonable amount of time

D

f a defendant in a defamation suit holds a qualified privilege, the defendant: a. has a complete defense to the suit. b. cannot be sued if he/she retracts the statement. c. will be required to provide a rebuttable presumption. d. may have limited liability.

D

An indictment is: a. a document issued by the grand jury. b. issued after a preliminary hearing. c. the same as a plea bargain. d. followed by an initial appearance.

a

Review Spur Industries, Inc. v Del . Webb Dev. Co. and then answer the following questions: What is the main issue in this case? Which of the following statements best describes the rule of law that the court applied to the issue in this case? How did the court apply the rule of law to the facts of this case? Which of the following statements best describes the court's conclusion with respect to the issue?

Whether Del Web had standing to bring suit to enjoin a nuisance Del Web is entitled to an injunction because Spur's operation constituted a public and private nuisance Del Web is entitled to an injunction because of the damage to the people who were encouraged to purchase homes in Sun City All of the Answers

Review Trump v O'Brien and then answer the following questions: What is the main issue in this case? Which of the following statements best describes the rule of law that the court applied to the issue in this case? How did the court apply the rule of law to the facts of this case? Which of the following statements best describes the court's conclusion with respect to the issue?

Whether O'Brien's statements defamed Trump For a public official, defamatory statements must be published with actual malice O'Brien's meeting notes with his sources provided similar estimates of Trumps wealth All of the answers

Review United States v Park and then answer the following questions: What is the main issue in this case? Which of the following statements best describes the rule of law that the court applied to the issue in this case? Which of the following is NOT an element the court used to apply the rule of law to the facts of this case? Which of the following statements best describes the court's conclusion with respect to the issue?

Whether Park was liable for the acts of the corporation a corporate agent can be held criminally liable for causing violations of the Federal Food, Drug and Cosmetic Act Park attempted to remedy the unsanitary conditions the warehouses Park had justifiably relied on subordinates to handle sanitary matters

Cynthia Fromm and Delores Rankin left after their fall semester finals for a four-day skiing trip in Northern Arizona. During their return drive, they hit a severe snowstorm and were having difficulty with directions. They took a wrong turn onto a road that is closed during the winter months and is not plowed. The winter barricades for the road were not yet in place. Fromm and Rankin were soon stuck in the snow. They remained in their vehicle for 11 days until they were rescued by snowmobilers. Both had severe frostbite. Fromm lost both feet. Rankin lost all of her toes. Both filed suit against the state of Arizona for its failure to put up barricades in a timely fashion. Should the state be held liable? a. The state of Arizona was held only partially liable because of the negligence of the women. b. The state of Arizona should be held fully liable because of the failure to put up the winter barricades. c. The state of Arizona should not be liable because both women assumed the risk of driving in the snow. d. The state of Arizona should not be held liable under the doctrine of sovereign immunity.

a

For ten years, a company dumped millions of gallons of chemical wastes on its property in Tennessee. The state shut down the site. Residents around the property sued the company, claiming that their drinking water was contaminated. What basis for suit did they have, and could they win? a. They have a suit for a private under negligence and strict liability. b. The have a suit under CERCLA for damages incurred. c. They have a suit under the Nonpoint Source Pollution Act. d. They do not have a private recourse; only the government can file criminal charges.

a

Getterman owned Getterman Farm Equipment (GFE) from 1980 to 1985. During those years, GFE dumped its hazardous waste in a dump in Oklahoma owned by another company. The EPA declared the dump to be a Superfund site. It claimed GFE was a responsible party and should have to contribute personally to the cleanup costs. The court found that GFE did not "have any personal knowledge of the disposal practices at the dump site, or was in any way directly involved in waste disposal matters." Could GFE be liable? a. Yes. Because CERLCA defines a potentially responsible party as any hazardous waste generator who arranged for disposal at the site. b. No. It can only be held liable if it knew that the disposal practices at the dump site was in any way directly involved in waste disposal matters. c. Yes. Because the Resource Conservation and Recovery Act identifies known pollution sites and requires anyone who disposed at the site to share in responsibility. d. No. It can only be held liable if it intentionally polluted the property.

a

Jason Ormand was arrested on suspicion of sexual assault. The arresting officers did not give Jason his Miranda warnings. Jason confesses to the assault. The DNA evidence taken from the victim shows with 99% certainty that Jason was the attacker. Which of the following is true? a. The case can still proceed with the DNA evidence. b. The case can proceed but only with the victim's testimony. c. Because of the violation of Jason's rights in the officers' failure to give the Miranda warnings, the case must be dismissed. d. None of the answers

a

Jerry Costello, a politician, met with the editorial board of the newspaper and stated that he would not raise taxes if elected. The local newspaper supported Costello and published an editorial stating that Costello would not raise taxes. Costello won the election. At his first board meeting, Katz moved to raise taxes. That prompted the following editorial from a citizen: "Costello blew his first chance. Jerry Costello lied to us. There's no nicer way to put it; he simply lied. And when he lied to us, he lied to you... Some leader! You couldn't tell him from any other politician in the bunch. He did absolutely nothing to protect your interests. To say we're disappointed is too mild; we're irate... Jerry Costello asked for a chance to prove himself and, in his very first meeting, he blew it. Just think, we've got two more years of the Costello brand of lying leadership. Doesn't that thrill you?" At trial, the defendant testified that he believed he had been lied to. If Costello sued the newspaper, what would be the likely result? a. The court would find for the defendant because the statements were not made with actual malice. b. The court would find for the defendant because this type of statement is protected under the First Amendment of the U.S. Constitution. c. The court would find for the Costello because the statements made were libel per se. d. The court would find for Costello because the statements were made with actual malice.

a

John Reisen is driving home after working the late shift and runs a red light, hitting Jessica's car and causing her injury. Reisen has committed the tort of: a. negligence. b. appropriation. c. defamation. d. malice.

a

Jolivet was convicted of mail fraud and money laundering in connection with an insurance fraud scheme she carried out with her husband. They provided fraudulent documents to insurance companies to extract settlements for auto accidents that never occurred. She appealed the conviction, contending that she was not guilty of money laundering because she never hid the funds that were taken improperly. Was Jolivet correct? a. No, because money laundering relates to hiding the truth about the origins of the money. b. No, because the government did not meet its burden of proof. c. Yes, because she sent materials containing false information through the mail. d. Yes, because the government should have combined both charges as a RICO claim.

a

Officer Muldoon is on foot patrol in Tempe, Arizona when he looks inside a garage (the garage door is open) and sees a statute that he knows is a rare art work that was stolen the night before from a building downtown. Officer Muldoon: a. None of the answers b. cannot use the sighting as a basis for a warrant. c. is not permitted to look inside the garage from the street even when the door is open. d. cannot enter the premises to recover the art work.

a

The FBI has developed new technology that enables it to listen to conversations in homes from vans parked in the street outside the homes. While listening to conversations in one neighborhood, the FBI uncovers a meth lab. Agents move in and arrest those in the home without a warrant. Which of the following statements is correct? a. The FBI is required to have a warrant in order to listen to the conversations. b. The FBI is not required to have a warrant because the information was uncovered from outside the private property of the individuals involved. c. The FBI needs a warrant to listen only if it is going to arrest someone. d. The FBI is not required to have a warrant because the information was uncovered without invading the house.

a

The earliest regulation of water pollution was the: a. Rivers and Harbors Act. b. Federal Water Quality Act. c. Clean Water Act. d. Oil Pollution Act (OPA).

a

Ann McEachron is an administrative assistant at a large international accounting firm. Her supervisor has asked her to destroy boxes of documents from an audit the firm conducted 2 years ago. The firm generally keeps records for 7 years, because of potential tax liability and issues, but it has destroyed documents earlier in cases in which the amount of paperwork becomes overwhelming. Ann wonders about the request, but complies with her supervisor's order. The company that was the subject of the audit is currently under criminal investigation and the partner in the accounting firm who conducted the audit is aware of that investigation. It is a federal crime to destroy documents that are involved in or could potentially be involved in either a civil or criminal investigation. Which of the following statements is correct? a. Ann did not have intent, but the fact that she performed the physical act of destruction makes her liable under the criminal statute. b. The audit partner had intent, however the fact that he did not perform the physical act of destruction does not shield him from liability under the criminal statute. c. Ann had intent, and the fact that she performed the physical act of destruction makes her liable under the criminal statute. d. The audit partner had intent, however he did not perform the physical act of destruction and cannot be held criminally liable for the conduct of those who report to them.

b

Embezzlement is: a. a crime that an occur when property is borrowed. b. theft by an employee. c. a crime that does not require proof of intent. d. theft by a company.

b

First Banc loaned money to Best Batteries for the purchase of its factory. First Banc took a mortgage on the factory and land. Best Batteries, because the price of its lifetime battery was so high, went out of business within 18 months. Best deeded the title to the factory and land back to First Banc. When First Banc sent in a clean-up firm, it discovered that there were old and new batteries stacked everywhere on the property. First Banc: a. has responsibility for cleanup of the batteries. b. enjoys a lender's exemption from CERCLA liability. c. None of the answers d. can sell the property and disclaim liability in the purchase contracts and thus pass along the cleanup to the buyer.

b

Jane Mitchell, age 16, was shopping at her neighborhood Osco Drug Store. She had been looking at magazines as she waited for a friend. She decided to purchase a Tiger Beat magazine and then wait for her friend outside the store. She paid for the magazine, but as she headed for the door, the store manager used the store's loudspeaker system to announce, "You, with the green hair and the maroon Doc Marten's on. Yes, you, by the front of the store. I saw you take that magazine. Stop right there you thief." The manager's statement: a. is excessive but will not result in any liability. b. constitutes defamation. c. are protected by the shopkeeper's privilege. d. None of the answers

b

Joan owns a citrus tree farm near Mesa, Arizona. Joan and her family have fertilized the trees each spring for 52 years. The irrigation for the trees carries the fertilizer remnants into the Salt River. When EPA investigators discover the fertilizer in the Salt River and trace the unique brand to Joan, they indict her for violation of the Clean Water Act, for the discharge of a substance into a waterway. Joan responds, "I didn't know there was fertilizer. I was just letting water flow." Which of the following is true of Joan? a. Joan has sufficient mens rea for the crime. b. None of the answers c. Joan has sufficient actus reas for the crime. d. Joan can escape criminal liability by claiming ignorance of the law.

b

The Fourth Amendment: a. provides the right to a speedy trial. b. protects an individuals privacy. c. provides the protection against self-incrimination. d. requires certain warnings to be given to those in custody.

b

The Superfund is: a. available by private citizen suit. b. available for government use in cleanup efforts. c. tapped by Congress for surplus spending. d. used for air pollution problems.

b

The penalty for document destruction of audit records prior to their expiration period under Sarbanes-Oxley is: a. five years. b. ten years. c. twenty years. d. fifteen years.

b

Which of the following is NOT one of the general elements of a crime? a. mens rea b. negligence c. scienter d. actus reus

b

Which of the following would constitute racketeering acts for purposes of establishing a RICO violation? a. failure to obtain a liquor license in 2009 and dealing in drugs in 2013 b. money laundering in 2010 and again in 2013 c. mail fraud in 2000 and transportation of stolen goods in 2013 d. zoning violations in 2010 and securities fraud in 2013

b

A local liquor store posts the checks of customers that are returned from the bank. The store manager says the public display of the checks is a good way to deter other bad-check writers. The display of the checks is: a. protected by a qualified privilege. b. None of the answers c. an invasion of privacy. d. defamation.

c

Ann McMillan is a CPA with a public accounting firm. A client of Ann's has called to tell her that the SEC is investigating the company for possible misrepresentations in the company's financial reports. Ann is worried that she may have pushed the envelope in allowing some of the revenues of the client to be reported as they were. Ann shreds several sets of notes from her meetings with the client on revenue recognition. Ann: a. None of the answers b. has done nothing wrong because the notes are privileged communication the SEC is not entitled to have. c. is probably guilty of obstruction of justice. d. has not committed obstruction of justice because the SEC has not contacted her.

c

Charlotte Newsom worked as a cashier at a store. One day she was told to report to the manager's office, where she was accused by two security staff members of stealing $500. She denied stealing the money. The meeting lasted two hours. The security staff asserted to have evidence of theft, although Newsom constantly denied the claim. Whenever Newsom said she wanted to leave, the staff told her she would be arrested for theft if she left. Finally, Newsom wrote a statement denying the charge. She was fired on the spot and left the store. Did she have a case for false imprisonment? a. Yes, because the staff members interviewed her in a threateningly manner. b. Yes, because she felt mentally restrained by the actions of the staff members. c. No, because the staff members only threatened to arrest her if she left, and that she was free to leave at any time. d. No, because the staff members threatened her if she failed to confess to the theft.

c

Effluent guidelines are part of the: a. Clean Air Act. b. Safe Drinking Water Act. c. Clean Water Act. d. National Environmental Policy Act.

c

In criminal procedure, the initial appearance: a. follows the grand jury proceedings. b. is the preliminary hearing. c. is a proceeding where a defendant is informed of the charges. d. is where a plea is entered.

c

The Army Corps of Engineers has proposed the construction of a dam that will be of substantial benefit in Tennessee in terms of economic development. The dam will also destroy the natural habitat of an endangered species: the snail darter. The project: a. None of the answers b. cannot be completed under the Environmental Protection Act. c. will require an EIS since the Army is involved. d. does not require an EIS since the EPA is not involved in the project.

c

The USA Patriot Act: a. applies only to banks. b. was passed in 2010. c. expanded the Money Laundering Control Act. d. has been declared unconstitutional.

c

The University of Arizona has developed plans for the construction of a set of telescopes on Mount Graham in southern Arizona. The project is a joint one with NASA and a French consortium. Mount Graham is the home for the red mountain squirrel—a species near extinction. The University of Arizona: a. need not file an EIS because of the lack of jurisdiction over the French participants. b. need not file an EIS since it is not a federal agency. c. must file an EIS. d. need not file an EIS since there will be no air pollution.

c

What is the standard for pollution control equipment under the 1990 Clean Air Act amendments? a. None of the answers b. best available technology c. maximum achievable control technology d. current available technology

c

Which of the following environmental laws requires an EIS to be filed? a. Oil Pollution Act b. CERCLA c. National Environmental Policy Act d. Air Pollution Act

c

Which of the following is NOT part of the Clean Air Act? a. emissions offset policy b. bubble concept c. best available treatment d. nonattainment areas

c

An omnibus hearing is: a. the same as the preliminary hearing. b. conducted during the discovery phase. c. held after trial. d. held before trial to determine evidentiary issues.

d

Basa Industries, Inc., because of processing changes, has "0" emissions from its plant in New Mexico. However, Basa holds a permit for emissions from the EPA. Basa: a. can sell the permit only through the EPA. b. must use the permit or forfeit it in six months. c. must return the permit to the EPA. d. can sell the permit privately.

d

Dev Co, Ltd., a residential real estate developer, is considering buying land for a residential real estate development that was once used to manufacture electric capacitors. To avoid CERCLA liability, Dev Co, Ltd. Should: a. not purchase the property. b. contact the EPA for an opinion letter. c. None of the answers d. carefully screen the property before buying it.

d

Jim Daniels owns a large home on a two-acre lot in Flagstaff, Arizona. Daniels has much of the lot covered with tiff grass and is meticulous about mowing the lawn. Daniels piles the grass clippings near his back fence and removes them on a semiannual basis. The clippings attract crickets, rodents, scorpions, and other forms of desert life. Daniels' neighbor, Garrett Watts, has noted that the various forms of desert life scale the wall and invade his property. Watts has worked with his exterminator but his exterminator has told him that the grass clippings must go before the bugs will go. Watts: a. could clean up the pile and recover from Daniels under CERCLA. b. would not have a nuisance claim since he is the only one who is affected. c. could report Daniels for violating the Solid Waste Disposal Act. d. could seek an injunction against Daniels on the basis of nuisance.

d

Litigation for nuisances have come from: a. the federal government. b. adjoining land owners. c. communities. d. both adjacent landowners and communities.

d

The Sarbanes-Oxley Act was enacted in response to: a. the savings and loan scandals of the 1980s. b. a Congressional investigation in the late 1990s. c. September 11. d. the collapse of Enron.

d

Violations of the Clean Air Act: a. can be remedied only by a suit brought by another citizen. b. are handled by the Justice Department. c. carry only civil penalties. d. carry civil and criminal penalties.

d

Which of the following phases of a due diligence review for a property purchase involves soil and water testing? a. Due diligence does not require soil testing, only a review of property records. b. Phase 1 c. Phase 3 d. Phase 2

d

Wyoming police were told that Barekman was selling large quantities of marijuana from his residence. The police went to Barekman's residence and took a bag of trash out of a trashcan in front of the residence. In the trash they found marijuana residue. Obtaining a warrant, they searched the residence and found all kinds of drugs. Barekman was convicted. He appealed, contesting that the taking of his trash was an improper search and seizure that violated his expectation of privacy under the Fourth Amendment. Do you think he had a right to privacy? a. No. The court recognized a constitutional search and seizure protection of items found during a warrantless search of a person's trash. b. Yes. The court adopted the prevailing understanding among American courts in holding that individuals do have an expectation of privacy in their trash. c. Yes. The court reasoned that because reasonable person would expect to retain his or her privacy in their trash, the warrantless search of person's trash is unconstitutional d. No. The court reasoned that the defendant's placement of his trash on the curb in front of his residence was evidence of his intent to relinquish any privacy rights he had in these items.

d