Business Law chapter 6 study

Briana, an employee of Cotillion Bank, is charged with embezzlement, which requires

Fraudulently appropriating another's property

Fraudulent misrepresentation( Fraud)

Any misreprensation, either by misstatement or omission of a material fact, knowingly made with the intention of deceiving another and on which a reasonable person would and does rely on his or her detriment

Defamation

Any publishing or publicly spoken false statement that causes injury to another's good name, reputation, or character

Assault

Any word or action intended to make another person fearful of immediate physical harm; a reasonably believable threat

Mariah takes off her ring and places it on her desk while she works. Without her knowledge or consent, her coworker Nita picks up the ring, puts it on, and walks away. Nita has likely committed

Larceny

Plato works for Quirky Squirters, Inc. During work hours, Plato "steals" time, space, and data on his employer's computer system to start up his own business, Rowdy Drenchers. This is

Larceny

Scott, a state bank employee, deposits into his account checks that are given to him by bank customers to deposit into their accounts. This is

Larceny

William goes to Saddle Up Stables in the middle of the night when no one is around and takes five saddles. Williams crime is

Larceny

After Edie solicits clients to invest in a nonexistent business, she is charged with "'mail fraud." This requires, among other things,

Mailing or causing someone else to mail a writing

Mona offers Ned, a building inspector, $5,000 to overlook the violations in her new warehouse. Ned accepts the cash and overlooks the violations. Mona is charged with the crime of bribery. The crime occurred when

Mona offered the bribe

Bruno is a businessperson with investments in legal and illegal opperarions. Bruno may be subject to penalties under RICO

For the commission of any business fraud

Ivan signs Jen's name, without his authorization, to the back of a check. This is

Forgery

Leah gains access to government records and alters certain dates and amounts in her favor. This is

Forgery

Susan is unhappy with the way her mother had made out her will. Susan has a lawyer draft a new will and then signs her mother's name to it without her mother's consent. Susan has comitted

Forgery

Punitive damages

Money damages that may be awarded to a plainiff to punish the defendant and deter future similar conduct

Smitty, driving while intoxicated, causes a car accident by that results in the death of Tiffany. Smitty is arrested and charged with a felony. A felony is a crime punishable by death or imprisonment for

More than one year

Trespass to land

The entry onto, above, or below the surface of land owned by another without the owners permission or legal authorization

Spam

Bulk, unsolicited (junk) e-mail

Intentional tort

A wrongful act knowingly committed

Briana, an employee of Cotillion Bank, is charged with embezzlement, which requires a. fraudulently appropriating another's property. b. obtaining lawful possession of property. c. physically taking property from its owner. d. the use of force or fear.

A

Jackson is accused of a crime. Jackson can refuse to provide information about his allegedly criminal activities a. if he suspects the information will be used to prosecute him. b. if the police do not promise to keep the information confidential. c. if the information is "fruit of the poisonous tree." d. under no circumstances.

A

Mary enters a gas station and points a gun at the clerk. She then forces the clerk to open the cash register and give her all the money. Mary can be charged with a. robbery. b. forgery. c. larceny. d. embezzlement

A

Travis sends Suri what purports to be a link to an e-birthday card, but when she clicks on the link, software is downloaded to her computer to record her keystrokes and send the data to Travis. He uses the data to obtain her personal information and access her financial resources. This is a. identity theft. b. cyberterrorism. c. entrapment. d. no crime.

A

Tort

A civil wrong not arising from a breach of contract. A breach of a legal duty that proximately causes harm or injury to another

Actual malice

A condition that exists when a person makes a statement with either knowledge of its falsity or a reckelsss disregard for the truth. In a defamation suit, a statement made about a public figure normally must be made with actual malice for liability to be incurred

Compensatory damages

A money award equivalent to the actual value of injuries or damages sustained by the aggrievated party

Megan is charged with jaywalking, which is classified as

A petty offense

Mike is arrested at a warehouse in North Industrial Park and is charged eith thr crime of theft. Mike will be prosecuted by

A public official

Puffery

A salesperson's exaggerated claims concerning the quality of goods offered for sale. Such claims involve opinions rather than facts and are not considered to be legally binding promises or warranties

Cyber tort

A tort comitted via the Internet

Disparagement of property

An economically injurious false statement made about another's product or property. A general term for torts that are more specially referred to as slander of quality or slander of title

Bruno is a businessperson with investments in legal and illegal operations. Bruno may be subject to penalties under RICO a. for making an unprofitable, but legal, investment. b. for the commission of any business fraud. c. only in a case involving a "racket." d. only in a case involving organized crime.

B

Davis points a gun at Eton, threatening to shoot him if he does not steal from his employer, Freddy's Convenience Store, and give the stolen funds to Davis. Charged with theft, Eton can successfully claim, as a defense a. nothing. b. duress. c. entrapment. d. self-defense.

B

Dirk, an employee of Ergonomic Elevators, Inc., pays Ferbie, an employee of Ergonomics' competitor G-Force Risers Company, for a secret G-Force pricing schedule. This is a. an effective marketing strategy. b. commercial bribery. c. creative legal bookkeeping. d. money laundering.

B

Gina sells "Bulk Up" steroids over the Internet. She is arrested and charged with the sale of a controlled substance. This is cyber crime, which is a. a new category of crime that is not related to older types of crime. b. a crime that occurs the virtual community of the Internet. c. a crime that is less real than the same crime in the physical world. d. no crime.

B

Ivan signs Jeb's name, without his authorization, to the back of a check. This is a. no crime. b. forgery. c. larceny. d. robbery.

B

Leah gains access to government records and alters certain dates and amounts in her favor. This is a. embezzlement. b. forgery. c. larceny. d. no crime.

B

Maya, a police officer, wants to search the offices of Niles Corporation. Maya asks Judge Orion to issue a warrant. Under the Fourth Amendment, no warrants for a search or an arrest can be issued without a. double jeopardy. b. probable cause. c. reasonable doubt. d. immunity.

B

Mona offers Ned, a building inspector, $5,000 to overlook the violations in her new warehouse. Ned accepts the cash and overlooks the violations. Mona is charged with the crime of bribery. The crime occurred when a. Mona decided to offer the bribe. b. Mona offered the bribe. c. Ned accepted the bribe. d. Ned overlooked the violations.

B

Robert uses the Internet to defraud Prairie Valley Credit Union. He is found guilty of wire fraud. He can be punished by a. imprisonment for not more than one year. b. imprisonment for up to thirty years and fines of up to $1 million. c. fines for not more than $50,000. d. death.

B

Scott, a State Bank employee, deposits into his account checks that are given to him by bank customers to deposit into their accounts. This is a. embezzlement. b. larceny. c. money laundering. d. no crime.

B

Smitty, driving while intoxicated, causes a car accident that results in the death of Tiffany. Smitty is arrested and charged with a felony. A felony is a crime punishable by death or imprisonment for a. any period of time. b. more than one year. c. more than six months. d. more than ten days.

B

William goes to Saddle Up Stables in the middle of the night when no one is around and takes five saddles. William's crime is a. forgery. b. larceny. c. robbery. d. embezzlement.

B

Alan, the president of Bayside Investments, Inc., and Colin, Bayside's accountant, are charged with a crime, after the police search Bayside's offices. Under the exclusionary rule a. certain Bayside records are excluded from subpoena. b. certain parties to a criminal action may be excluded from a trial. c. illegally obtained evidence must be excluded from a trial. d. persons who have biases that would prevent them from fairly decid¬ing the case may be excluded from the jury.

C

Evan is charged with a crime. Almost all federal courts and some state courts would not hold Evan liable if, at the time of the offense, as a result of a mental disease or defect, Evan lacked substantial capacity to a. appreciate the wrongfulness of his conduct only. b. appreciate the wrongfulness of his conduct and obey the law. c. appreciate the wrongfulness of his conduct or obey the law. d. obey the law only.

C

Jared is arrested and found guilty of a misdemeanor. His punishment will not include a. imprisonment for six months. b. a fine of $100. c. death. d. imprisonment for six months and a fine of $500.

C

Justin is charged with a crime. He insists that he should have an opportunity to object to the charges before a "fair, neutral decision maker." No one can be deprived of "life, liberty, or property without due process of law" under the a. Second Amendment. b. Fourth Amendment. c. Fifth Amendment. d. Eighth Amendment.

C

Ludwig receives from Milo a marimba stolen from Nadine. To be criminally liable, Ludwig must know a. Milo. b. Nadine. c. that the marimba is stolen and Ludwig must intend to keep it. d. what a marimba is.

C

Mae is granted immunity after she agrees to testify about a crime. Mae has an absolute privilege against self-incrimination and a. can be prosecuted only for a crime about which she agreed to testify. b. cannot be prosecuted for any crime. c. cannot refuse to testify on Fifth Amendment grounds. d. can refuse to testify on Fifth Amendment grounds

C

Mariah takes off her ring and places it on her desk while she works. Without her knowledge or consent, her coworker Nita picks up the ring, puts it on, and walks away. Nita has likely committed a. burglary. b. forgery. c. larceny. d. no crime.

C

Megan is charged with jaywalking, which is classified as a. a misdemeanor. b. a felony. c. a petty offense. d. no crime.

C

Mike is arrested at a warehouse in North Industrial Park and is charged with the crime of theft. Mike will be prosecuted by a. the owner of the warehouse. b. the owner of the property that Mike is charged with stealing. c. a public official. d. any third party unrelated to Mike, the property, or the crime.

C

Plato works for Quirky Squirters, Inc. During work hours, Plato "steals" time, space, and data on his employer's computer system to start up his own business, Rowdy Drenchers. This is a. burglary. b. robbery. c. larceny. d. no crime.

C

Actionable

Capable of serving as the basis of a lawsuit

Dirk, an employee of Ergonomic Elevators, Inc., pays Ferbie, an employee of Ergonomics' competition G-Force Risers Company, for a secret G-Force pricing schedule. This is

Commercial bribery

After Edie solicits clients to invest in a nonexistent business, she is charged with "mail fraud." This requires, among other things, a. claiming that an item is "in the mail" when it is not. b. deceiving postal authorities as to the content of an item of mail. c. depositing items in the postal system without proper postage. d. mailing or causing someone else to mail a writing.

D

Herb, a computer programmer for Inventory Control Corporation, is arrested in his employer's parking lot on suspicion of larceny. Herb must be informed of his right to a. a trial by jury. b. punishment. c. question witnesses. d. remain silent.

D

Jake is charged with embezzlement. Embezzlement may be committed without a. a criminal act. b. a criminal intent. c. taking property from its owner. d. the use of force or fear.

D

Susan is unhappy with the way her mother has made out her will. Susan has a lawyer draft a new will and then signs her mother's name to it without her mother's consent. Susan has committed a. larceny. b. no crime. c. robbery. d. forgery.

D

Vance points a gun at Workman and threatens to shoot him. Workman hits Vance, causing his death. Charged with homicide, Workman can successfully claim as a defense a. nothing. b. duress. c. entrapment. d. self-defense.

D

Jared is arrested and found guilty of a misdemeanor. His punishment will not include

Death

Slander

Defamation in oral form

Libel

Defamation in writing or other form (such as in a videotape) having the quality of permanence

Robert uses the Internet to defraud Prairie Valley Credit Union. He is found guilty of wire fraud. He can be punished by

I'm imprisonment for up to 30 years and fines up to $1 million

Privilege

In tort law, the ability to act contrary to another person's right without that person's having legal redress for such acts. May be raised as a defense to defamation

Appropriation

In tort law, the use by one person of another person's name, likeness, or other identifying charateristic without permission and for the benefit of the user

Public figure

Individuals who are thrust into the public limelight. Public figures include government officials and politicians, movie stars, well-known businesspersons, and generally anybody who becomes known to the public because of his or her position or activites

Tortfeaser

One who commits a tort

Mary enters a gas station and points a gun at the clerk. She then forces the clerk to open the cash register and give her all the money. Mary can be charged with

Robbery

Ludwig receives from Milo a marimba stolen from Nadine. To be criminally liable, Ludwig must know

That a marina is stolen and Ludwig must intend to keep it

Slander of title

The publication of a statement that denies or casts doubt on anothers legal ownership of any property, causing finacial loss to that property owner. Also called libel

Trade libel

The publication of false information about another's product, alleging it is not what its seller claims' also referred to as slander or quality

Slander of quality

The publication of false information about another's product, alleging that it is not what its seller claims

Trespass to personal property

The unlawful taking or harming of anothers personal properity; interference with another's right to the exclusive possession of his or her personal property

Battery

The unpriviledged, intentional touching of another

Jake is charged with embezzlement. Embezzlement may be committed without

The use of force or fear

Conversion

The wrongful taking, using, or retaining possession of personal property that belongs to another

Business tort

Wrongful interference with the business rights of another