Business Law Exam 2

Clear and Definite Laws

-5th and 14th amendments -language of criminal statutes must be understandable -ordinary people can understand what conduct is prohibited and enforcement cannot be arbitrary and discriminatory. -Kolender V. Lawson

Special Duty: Professionals

-A person at work has a heightened duty of care. -While on the job, she must act as a reasonable person in her profession.

Assumption of Risk

-A person who voluntarily enters a situation that has an obvious danger cannot complain if she is injured. -The doctrine does not apply if someone is injured in a way that is not an inherent part of the dangerous activity.

Trespasser-Lowest Liability and mid level liability

-A trespasser is anyone on the property without consent. -A landowner is liable to a trespasser only for intentionally injuring him or for some other gross misconduct. -The landowner has no liability to a trespasser for mere negligence. -The law makes exceptions when the trespassers are children. -If there is some human-made thing on the land that may be reasonably expected to attract children, the landowner is probably liable for any harm.

Money laundering

-Consists of taking the proceeds of certain criminal acts and either using the money to promote crime or attempting to conceal the source of the money.

Exclusionary Rule and exceptions

-Evidence obtained illegally may not be used at trial.

Contributory and Comparative negligence

-In a contributory negligence state, a plaintiff who is even slightly responsible for his own injury recovers nothing; -In a comparative negligence state, the jury may apportion liability between plaintiff and defendant.

Defamation

-Libel -Slander -Slander per se -Libel per se

Requirements for a valid warrant

-Neutral Officer -Probable Cause -Specific description of items/place/person to be searched

Inevitable discovery-Exception to exclusionary rule

-Nix V. Williams -A court will admit any evidence that would have been discovered even without the illegal behavior on the part of the police. When the police unlawfully questioned a suspect, he revealed the location of the body of a child he had murdered. His conviction was upheld because, the court ruled, the body would eventually have been discovered in the ditch where he had left it.

Racketeer and Corrupt Organizations Act (RICO)

-Prohibits using two or more racketeering acts to accomplish any of these goals: 1. Investing in or acquiring legitimate businesses with criminal money, 2. Maintaining or acquiring businesses through criminal activity, or 3. Operating businesses through criminal activity.

Plain view

-State v. Walker -If the police see a crime being committed without searching for it

Stop and Frisk

-Terry v. Ohio -The police do have the right to do but only if they have a clear and specific reason to suspect that criminal activity may be afoot and that the person may be armed and dangerous.

Duty of Care

-The defendant had a legal responsibility to the plaintiff. This is the point from the Palsgraf case. -We owe a duty to care for one another

Res Ipsa Loquitur

-The facts imply that the defendant's negligence caused the accident. -Because it dramatically shifts the burden of proof from plaintiff to defendant, it applies only when 1.the defendant had exclusive control of the thing that caused the harm, 2. the harm normally would not have occurred without negligence, and 3.the plaintiff had no role in causing the harm.

Defamation

-The law of defamation concerns false statements that harm someone's reputation. -Defamatory statements can be written or spoken.

Fines

-The most common punishment for a corporation

Guideposts for constitutionality of punitive damages

-The reprehensibility of the defendant's conduct, -The ratio between the harm suffered and the award, and -The difference between the punitive award and any civil penalties used in similar cases.

Exceptions to a warrant

-Third Party doctrine -Stop and frisk -Plain view consent

Utilitarianism

-To Mill, a correct decision is one that maximizes overall happiness and minimizes overall pain, thereby producing the greatest net benefit. -Critics argue that it is very difficult to measure utility accurately -A focus on outcome can justify some really terrible behavior.

Special duty to landowners

-Trespasser -Licensee -Invitee

Criminal Vs. Civil law

-When society outlaws a certain conduct -Involves rights and liabilities that exist between private parties.

Warrant-What is it? When is it required?

-Written permission from a neutral officer to conduct a search. -If there is probable cause

Five elements of negligence

1. Duty of care 2. Breach of duty 3. Factual cause 4. Proximate Cause 5. Damages

On a Saturday night in mid-October, Dmitry and his friend Misha met up to experience The Haunted Witch Trials, a Halloween attraction in which the Salem Witch Trials were re-imagined into a haunted house type of attraction that took place on a 100-acre plot of land. Patrons would walk down a wooded trail where they would come across various features and character actors portraying the Village of Salem in 1692 with supernatural themed props, including a floating-specter (which consisted of an actor suspended from a wire invisible to patrons), a simulated witch being burned at a stake, and other disturbing and scary decorations. Dmitry paid his admission fee at the front gate and was handed his entrance ticket. Misha, however, didn't pay the entrance fee and slipped past the gate attendant while he was busy with other patrons. As the two friends traveled down the path, they were impressed with the level of authenticity in recreating the 17th century village. There were several small village houses, each of which had real fires burning several feet in front of the structure over which were large boiling cauldrons. Hidden fog machines and lighting added to the eerie effect. Curious as to what might be in the cauldron, the friends walked closer to see inside. Suddenly, an actress dressed in 17th century apparel came running out of the woods screaming that she was not a witch, startling Dmitry who fell against the cauldron and was burned by the hot metal. Injured and wanting to get quick medical attention, Dmitry and Misha looked around for an employee but didn't see anyone other than a few other patrons. The actress who had run out of the woods just moments before was nowhere to be found. Misha said, "This is ridiculous. We aren't going to go through this whole attraction just to get out. It's over 100 acres. Let's just cut through the woods to get back to the entrance." Although there was a sign posted near the tree line to the woods that said "Employees Only Beyond This Point," they decided to disregard it. Misha started to use a GPS-enabled app on his phone to guide them back to the entrance, but, in the darkness of the unlit woods, didn't see a fallen tree and tripped over it, landing hard on his knee and scraping his hands. He also dropped his phone, cracking the screen. Angry and frustrated, the two friends finally made their way back to the entrance gate where they found several of the attractions employees. Dmitry asked where they could find a first aid station, but the employees told them that the attraction didn't have one. The friends got into their car and drove to the local emergency room. Dmitry was diagnosed with a second degree burn on his hand and Misha was diagnosed with a torn tendon in his knee. 1. What was the duty of care that The Haunted Witch Trials owed to its patrons? a. The attraction owes a duty to act with special care because the patrons are licensees. b. The attraction owes no duty to its patrons because they assume all risk on entering the property. c. The attraction owes a duty to only act as a reasonable person. d. The attraction owes a duty to act with special care because patrons are invitees 2. For what types of dangers does The Haunted Witch Trials have a duty to warn its patrons? a. Open and obvious dangers b. Known and unknown dangers c. No dangers d. Known dangers 3. What would be The Haunted Witch Trials' best argument for why it did not breach its duty to Dmitry? a. The Haunted Witch Trials did not know about the danger. b. The danger was open and obvious, therefore, they did not have a duty to warn Dmitry. c. The notification on the ticket was reasonable and warned Dmitry about the true harm he could encounter. d. The injury Dmitry received was not reasonably foreseeable. 4. Assume The Haunted Witch Trials meets the elements to be found negligent with regards to the claim by Misha. What, if anything, could reduce the award of damages to Misha depending on the state in which the attraction is located? a. Contributory negligence b. Comparative negligence c. Assumption of risk d. All of these. 5. Assume the state in which The Haunted Witch Trials is located has the following statute: "All special amusement parks and attractions must be inspected prior to becoming operational and may not contain open flames or other sources of ignition within 25 feet of a publicly accessible area." The Haunted Witch Trials has: a. committed res ipsa loquitur. b. engaged in an ultrahazardous activity. c. committed negligence per se. d. engaged in comparative negligence.

1. d. The attraction owes a duty to act with special care because patrons are invitees. 2. b. Known and unknown dangers 3. b. The danger was open and obvious, therefore, they did not have a duty to warn Dmitry. 4. d. All of these. 5. c. committed negligence per se.

Criminal Law and procedure

A balancing act between making society safe and protecting us all from false accusations and unfair punishments.

Voluntary act

A defendant is not guilty of a crime if she was forced to commit it. In other words, she is not guilty if she acted under duress.

Licensee- Higher liability

A person on another's land for her own purposes but with the owner's permission.

Invitee-Highest liability

A person who has a right to enter another's property because it is a public place or a business open to the public.

Compliance Program

A plan to prevent and detect improper conduct at all levels of the company

Torts

A violation of a duty imposed by the civil law.

Consent

Anyone lawfully living in a dwelling can allow the police to search it without a warrant. If your roommate gives the police permission to search your house, that search is legal.

Punitive Damages

Damages that are intended to punish the defendant for conduct that is extreme and outrageous.

Proximate cause

For the defendant to be liable, the type of harm must have been reasonably foreseeable.

Good Faith Exception-Exception to exclusionary rule

Good faith exception. Suppose the police use a search warrant believing it to be proper, but it later proves to have been defective. The search is legal so long as the police reasonably believed the warrant was valid.

Intentional tort

Harm caused by a deliberate action.

Breach of Duty:Regular

If a legal duty of care exists, then a plaintiff must show that the defendant did not meet it.

Factual Cause

If the defendant's breach led to the ultimate harm, it is the factual cause.

Independent Source-Exception to exclusionary rule

If the police find the tainted evidence from a different source, then they can use it.

Preponderance of the evidence

In a civil case the plaintiff must prove their case by this

Fraud

Injuring another person by deliberate deception.

Trespass

Intentionally entering land that belongs to someone else or remaining on the land after being asked to leave.

Probable Cause

It is likely that evidence of a crime will be found in the place to be searched.

Proximate Cause

It was foreseeable that conduct like the defendant's might cause this type of harm.

Compensatory Damages

Money intended to restore a plaintiff to the position he was in before the injury.

Tortious Interference with contract

Occurs when a defendant deliberately harms a contractual relationship between two other parties

Foreign Corrupt Practices Act

Prohibits American companies from paying bribes overseas.

Single recovery principle

Requires a court to settle the matter once and for all by awarding a lump sum for past and future expenses.

Where is the criminal law found?

State and federal statutes

Conversion

Taking or using someone's personal property without consent.

Breach

The defendant breached her duty of care or failed to meet her legal obligations.

Factual Cause

The defendant's conduct actually caused the injury.

Federal Sentencing Guidelines

The detailed rules that judges must follow when sentencing defendants convicted of federal crimes.

Damages

The plaintiff has actually been hurt or has actually suffered a measureable loss.

Defamation of public officials

The rule from The New York Times case is that a public official can win a defamation case only by proving the defendant's actual malice, that is, that the defendant knew the statement was false or acted with reckless disregard of the truth.

Beyond a reasonable doubt

The very high burden of proof in a criminal trial, demanding much more certainty than required in a civil trial.

Breach of Duty: Negligence Per Se

When a legislature sets a minimum standard of care for a particular activity, in order to protect a certain group of people, and a violation of the statute injures a member of that group

Slander per se

When oral statements relate to criminal or sexual conduct, contagious diseases, or professional abilities, they are assumed to be harmful to the subject's reputation.

Entrapment

When the government induces the defendant to break the law, the prosecution must prove beyond a reasonable doubt that the defendant was predisposed to commit the crime.

Libel per se

When written statements relate to criminal or sexual conduct, contagious diseases, or professional abilities, they are assumed to be harmful to the subject's reputation.

Libel and slander

Written and oral defamation.

Which of the following acts resulting in injury would be negligence per se? a. A retailer sold glue containing benzene to a 14-year-old boy in violation of state law. b. Joe sold fireworks from his Indiana store (a legal activity) to Steve, an Illinois resident (a state that has made owning fireworks illegal). c. Tammy accidentally dropped a heavy carton on Sasha's foot while at work. d. June, while driving the speed limit, sideswiped the car next to her.

a. A retailer sold glue containing benzene to a 14-year-old boy in violation of state law.

Raquel is speeding in her car through a busy town center when she veers off the road to avoid a cat and plows into a small newspaper stand. The stand flies into the air and smashes through the glass windows of a nearby yoga studio, where it startles Adam, a yoga student, and sends him flying into a set of lighted candles. As a result, Adam suffers a serious burn. Adam sues Raquel. What result? a. Adam will lose because Raquel's conduct was not the proximate cause of his injury. b. Adam will win because Raquel's conduct was negligent. c. Adam will lose because Raquel's conduct was not the factual cause of his injury. d. Adam will win because speeding is an ultra-hazardous activity. Hide Feedback

a. Adam will lose because Raquel's conduct was not the proximate cause of his injury.

Lucas is hosting Thorben and several other dear friends at a housewarming party at his new home. During the tour of the new place, Thorben plunges through a trap door partially concealed by the living room carpet and falls 20 feet into the concrete basement below. Thorben breaks both legs and sues Lucas. Which of the following arguments will be Lucas' best defense? a. He did not know about the trap door. b. Thorben was not a social guest but was actually at the house for business purposes. c. The trap door was an obvious danger. d. The trap door was not there when he bought the house. Hide Feedback

a. He did not know about the trap door.

Soledad tells Marco that she believes he was cheating on a biology exam and calls him a "cheater" to his face. She did not tell anyone else about her suspicions. Marco did not, in fact, cheat on the exam. Has defamation occurred? a. No, because no one else received the defamatory message besides Marco. b. No, because Soledad did not put her accusation in writing. c. Yes, because Soledad's accusation was false. d. Yes, because Marco's feelings were hurt.

a. No, because no one else received the defamatory message besides Marco.

The police arrived at Otis's apartment one evening and demanded to look around "just to make sure nothing was happening." They had no warrant and had received no complaints about him. Which statement best describes this situation? a. The police violated Otis's Fourth Amendment rights. b. The police were in the right; they must have suspected Otis had committed a crime. c. The police violated Otis's Sixth Amendment rights. d. The police probably should not have bothered Otis, but they really did nothing wrong.

a. The police violated Otis's Fourth Amendment rights.

Which of the following guarantees that a witness testifying in a court or legislature may never be sued for defamation? a. absolute privilege b. protected right to slander c. recovery principle d. defamation privilege Hide Feedback

a. absolute privilege

Negligence concerns harm that a. arises by accident. b. is always substantial. c. is unforeseeable. d. arises intentionally.

a. arises by accident

Which of the following is the general goal of compensatory damages? a. to restore the plaintiff to the position he or she was in before the injury b. to punish the defendant for extreme and outrageous conduct c. to make the defendant suffer as much as the plaintiff suffered d. to find a way to help the defendant avoid jail time for his or her crime

a. to restore the plaintiff to the position he or she was in before the injury

Which of the following statements about torts is correct? a. A criminal act is always a tortious act. b. A tortious act may also be a criminal act. c. A tortious act is the same as a contract dispute. d. A tortious act is always a criminal act.

b. A tortious act may also be a criminal act.

Which of the following statements is correct regarding the differences between contract, tort, and criminal law? a. Criminal law imposes duties of conduct on all persons. b. Criminal law is prosecuted by the government. c. Tort and criminal law both impose a punishment for the defendant including prison and/or a fine. d. Contract law awards money damages for the plaintiff; tort and criminal law do not.

b. Criminal law is prosecuted by the government.

Diane, a police officer, stops Tim's car for a traffic offense. While talking to Tim, she shines a flashlight into the passenger compartment of Tim's car and sees evidence of drug paraphernalia. Which statement is correct? a. Diane may search the passenger compartment of the car without Tim's consent; however, she may not search the trunk of the car without his consent or without a search warrant. b. Diane may search the passenger compartment of the car and any place else in the car, including the trunk, without Tim's consent. c. Diane may not search the passenger compartment of the car (nor any place else) without Tim's consent or without a search warrant. However, she can require Tim to remain parked until the search warrant is brought to her. d. Under the above circumstances, Diane can write Tim a traffic citation but cannot search the vehicle.

b. Diane may search the passenger compartment of the car and any place else in the car, including the trunk, without Tim's consent.

Evaluate the following scenarios and determine which represents Micha's highest liability? a. Oscar is a twelve-year-old neighbor of Micha's who has snuck into Micha's backyard to swim in his pool. b. Juanita is a customer having a latte in the coffee shop Micha owns and operates. c. Rose is lost and pulls her car into Micha's driveway for a moment to get her bearings. d. Ron is Micha's friend whom Micha has invited to his home to watch the Super Bowl.

b. Juanita is a customer having a latte in the coffee shop Micha owns and operates.

Irving was a notary public who prepared income tax returns for Mark. Irving agreed to draft a will for Mark, leaving all of the property to Mark's sister, Sonja. When Mark died, the court refused to uphold the will because it was improperly drafted. As a result, Sonja inherits only one eighth of the estate, and Sonja sued Irving. Irving defended on the grounds that he had no duty of due care to Sonja because he only had dealings with Mark. Is Irving right? a. Yes, Irving did not breach his duty under the "reasonable person" test. b. No, Irving had a duty of care because it was foreseeable that the failure to properly draft the will would cause injury to Sonja. c. Yes, Irving had a duty of care only to Mark and not to Sonja. d. No, Mark assumed the risk and entered into an agreement with Irving knowing that something unforeseeable like this could happen.

b. No, Irving had a duty of care because it was foreseeable that the failure to properly draft the will would cause injury to Sonja.

Tipton Company makes a deal with Patton Company to purchase 100 canvas tarps. Patton's competitor, QC Industries, tells Tipton Company executives that Patton's goods are shoddy and Tipton cancels the contract with Patton. What will likely occur? a. Tipton will sue Patton for tortious interference with a prospective advantage. b. Patton will sue QC Industries for tortious interference with a contract. c. Patton will sue Tipton for defamation. d. QC Industries will sue Patton for intentional infliction of emotional distress.

b. Patton will sue QC Industries for tortious interference with a contract.

The idea behind punitive damages is that a. torts that occur in a commercial setting are far more serious than torts affecting private individuals. b. certain behavior is so unacceptable that society must make an example of it. c. the defendant must be restored to the position he/she was in before the injury. d. the right to free speech is not absolute and must sometimes be restricted.

b. certain behavior is so unacceptable that society must make an example of it.

The elements in a defamation case are: a. a contract; knowledge of the contract; improper inducement; injury. b. defamatory statement; falsity; communication; and injury. c. false or misleading fact statements; statements in commercial advertising; likelihood of harm. d. duty; breach of duty; proximate causation; and damages.

b. defamatory statement; falsity; communication; and injury.

Which of the following is NOT a component of money laundering? a. attempting to conceal the source of the money b. investing profits back into the company c. using the money to commit crimes d. taking the proceeds from a criminal act

b. investing profits back into the company

Phillip was waiting for a bus at a bus stop. Across the street and down the block, a mechanic negligently overinflated a tire he was intending to put onto Marsha's pickup truck. The exploding tire injured Marsha and frightened a neighborhood dog, which ran down the street and knocked Phillip down, injuring his knee. Phillip sued the mechanic. In applying the Palsgraf v. Long Island Railroad decision to this case, Phillip would a. win based on negligence per se. b. lose because, although the mechanic's conduct was negligent toward Marsha, it was not a wrong in relation to Phillip, who was far away. The mechanic could not have foreseen injury to Phillip and therefore had no duty to him. c. win because the mechanic was negligent in overinflating the tire, which led to Phillip's injury. d. lose because the court would apply the doctrine of res ipsa loquitur.

b. lose because, although the mechanic's conduct was negligent toward Marsha, it was not a wrong in relation to Phillip, who was far away. The mechanic could not have foreseen injury to Phillip and therefore had no duty to him.

An intentional tort involves conduct in which a. the defendant intended to harm the plaintiff. b. the defendant intended a certain physical act that ends up injuring someone. c. there is resulting punishment, including prison, for the defendant. d. injuries are caused to someone because of the defendant's neglect or oversight.

b. the defendant intended a certain physical act that ends up injuring someone.

D'Arcy, who is not a public figure, brings a libel suit against Mary. At trial, D'Arcy fails to prove injury or actual malice, but he wins the suit anyway. Which of the following must be true? a. D'Arcy sued Mary because she told people he has a sexually transmitted disease, but he does not. b. Mary is a public figure. c. D'Arcy sued Mary because she wrote an article that said he had been convicted of tax fraud, when he had not. d. None of these answers is correct. Hide Feedback

c. D'Arcy sued Mary because she wrote an article that said he had been convicted of tax fraud, when he had not.

Written defamation is _____; oral defamation is _______. a. conversion; fraud b. fraud; conversion c. libel; slander d. slander; libel

c. Libel; slander

One morning, Miles accidentally dropped a thumbtack on the chair of the office manager where he worked. The office manager sat on the tack and, two days later, was hospitalized with an infection caused by the tack. Which of the following is correct? a. Miles committed an intentional tort. b. Miles is strictly liable. c. Miles's actions were negligent. d. No tort has been committed. Hide Feedback

c. Miles's actions were negligent.

After he is injured in an accident, Conrad successfully sues the driver and the trucking company. The jury awards him money for past lost earning capacity, past and future physical symptoms and discomfort, and past emotional injury and mental anguish. If Conrad's injuries require him to be out of work for much longer than anticipated, can he later file another suit against the driver and the trucking company for his unforeseen lost wages? a. Yes, plaintiffs can recover for future lost earning capacity. b. No, because non-economic damages are capped. c. No, under the single recovery principle. d. Yes, as long as the award would not violate the 9-to-1 ratio.

c. No, under the single recovery principle.

Taking or using someone's personal property without consent is referred to as a. negligence. b. fraud. c. conversion. d. trespassing

c. conversion.

Racketeering mainly involves what type of criminal acts? a. espionage and privacy violations b. personal crimes such as assault and battery c. dishonest and fraudulent business dealings d. misdemeanors such as shoplifting

c. dishonest and fraudulent business dealings

The ruling in the landmark case of New York Times v. Sullivan was that a public official can win a defamation case a. without proving the defendant acted with reckless disregard of the truth. b. only by proving the defendant has a history of reckless behavior. c. only by proving the defendant's actual malice. d. without proving the defendant knew his or her statement was false.

c. only by proving the defendant's actual malice

Sam threatened to harm Alecia's daughter if she did not agree to help him rob a convenience store. It is likely that a jury would find Alecia not guilty of a crime in this case because a. entrapment has occurred. b. of the exclusionary rule. c. she was acting under duress. d. of the prohibition against double jeopardy.

c. she was acting under duress.

A national magazine published an article about a famous television star. The television personality is upset because the information contained in the story is not correct. If the actress sues the magazine, a. she will need to show that the magazine has a history of being "reckless" with facts on a regular basis. b. she will need to show that the magazine could have discovered that the story was false but failed to do so. c. she will need to show that the magazine either knew the story was false or acted with reckless disregard of the facts. d. she will need to show that the magazine failed to attempt to verify the story by trying to contact her or her agent before the story was printed.

c. she will need to show that the magazine either knew the story was false or acted with reckless disregard of the facts.

Rodney was employed by Deluxe Discount Store. Rodney's manager directed him to check the prices of dog food at Huge Savings Store. The manager of Huge Savings Store saw Rodney writing down prices and asked him to leave. Rodney, fearful that he would be fired by Deluxe, refused to leave. Rodney committed the tort of a. larceny. b. misrepresentation. c. trespass. d. conversion.

c. trespass.

Which of the following makes it illegal for U.S. companies and citizens to bribe foreign officials to influence a governmental decision? a. CFAA b. RICO c. OSHA d. FCPA

d. FCPA

Jim told his manager, Lana, that a coworker, Diane, had been in prison for theft. Lana checked into the matter, and when she learned that Diane had served time in prison for theft, she fired her. a. Jim is liable to Diane for defamation unless he can show a legitimate reason for having to tell Lana about Diane's prison history. b. Jim is liable to Diane for defamation only if she is a public figure. c. Jim is liable to Diane for defamation. d. Jim is not liable to Diane for defamation.

d. Jim is not liable to Diane for defamation.

Kyle was eating clam chowder soup in a restaurant when a very small piece of bone lodged in his throat. Fortunately, he was able to remove the bone with his fingers. However, he was upset by the incident and sued the restaurant for negligence. What is the most likely result in this case? a. Kyle will collect damages because the restaurant committed negligence per se. b. Kyle will collect damages, as res ipsa loquitur applies. c. Kyle will collect damages if he proves it was possible to prevent tiny fish bones from being present in clam chowder. d. Kyle will not collect any damages since he did not sustain any damages.

d. Kyle will not collect any damages since he did not sustain any damages.

What general guidelines has the Supreme Court set forth for awarding punitive damages? a. The Supreme Court has stated that punitive damages are never allowed. b. Punitive damages should not exceed compensatory damages by more than a factor of one hundred. c. The Supreme Court has not set any limits for punitive awards. d. Punitive damages should not exceed compensatory damages by more than a factor of nine.

d. Punitive damages should not exceed compensatory damages by more than a factor of nine.

Lindsay decides to go skydiving for the first time and chooses a company with an excellent reputation. On the day of the dive, Lindsay slips on some oil on the floor of the company's airplane hangar and fractures her elbow. Will Lindsay win a negligence suit against the skydiving company? a. No, because when Lindsay signed up for skydiving, she assumed the risk of injury. b. Yes, because skydiving is an ultra-hazardous activity. c. No, because the oil was a superseding cause. d. Yes, because Lindsay is an invitee of the skydiving company.

d. Yes, because Lindsay is an invitee of the skydiving company.

A customer in a restaurant would be considered ________ to whom the restaurant owner owes a duty ________. a. a licensee; of strict liability b. a licensee; to warn of known dangers. c. a social guest; only to avoid intentionally injuring him. d. an invitee; of reasonable care. Hide Feedback

d. an invitee; of reasonable care.

The fraudulent conversion of property which is already in the defendant's possession is a. exclusion. b. trespassory taking. c. money laundering. d. embezzlement.

d. embezzlement

The police have a right to search any area in which the defendant does not have a reasonable expectation of privacy. Which of the following, however, requires the police to obtain a search warrant? a. looking at photos on a digital camera that was found while searching an arrested suspect b. using a cotton swab to take a DNA sample of a person under arrest c. finding out what websites you have visited on your computer d. listening in on a telephone conversation or searching the digital contents of a cellphone

d. listening in on a telephone conversation or searching the digital contents of a cellphone

In awarding punitive damages, a court considers all of the following EXCEPT a. the reprehensibility of the defendant's conduct. b. the difference between the punitive award and any civil penalties used in similar cases. c. the ratio between the harm suffered and the award. d. the financial condition of the plaintiff.

d. the financial condition of the plaintiff.

The primary purpose of RICO was a. to raise revenue. b. to prosecute those engaged in tax fraud. c. to prosecute non-citizens. d. to be a tool against organized crime.

d. to be a tool against organized crime.