Business Law CH 6, 7, 8

Bill is the accountant for Cheatam and Sons Co. For many years he has kept two sets of books, one with real figures and another with figures he will use in case the IRS audits. When Bill, while working on Cheatam's books, is arrested for fraud, what will happen to the books?

c. They may be admitted as evidence since they were taken pursuant to a valid arrest.

The defense of entrapment arises when:

c. a police officer or other government official or agent acts to induce an individual to commit a crime when that individual would not ordinarily have done so.

The tort of __________ is a false communication, which injures a person's reputation and good name by disgracing him and diminishing the respect in which he is held.

c. defamation

A(n) __________ is a sudden, unexpected event calling for immediate action, that is considered when determining whether conduct was reasonable in a negligence lawsuit.

c. emergency.

Stan doesn't like having neighborhood teenagers walk across his yard at night. He rigs an animal trap on the path the teenagers usually use to cross his land. One night, Tim and his friends are walking across the yard when Tim gets caught in the trap. He is taken to the hospital for his injuries. Stan:

c. is not free to inflict intentional injury on a trespasser.

The Fourth Amendment to the Constitution:

c. prohibits unreasonable search and seizure.

In the Ferrell v. Mikula case, the Georgia Court of Appeals said that:

c. the elements of a cause of action for intentional infliction of emotional distress include either intentional or reckless conduct that is extreme and outrageous, a causal connection between the wrongful conduct and the emotional distress, and severe emotional distress

Under RICO, a __________ is any of several criminal offenses such as murder, kidnapping, arson, extortion, and drug dealing.

a. predicate act

Velma and Walter devised a scheme to defraud unsuspecting readers and then sent a message via e-mail to thousands of computer users, hoping to get rich from those who responded. This was their first such attempt. They may have violated:

a. the CAN-SPAM Act.

A photographer taking photos of a movie star with a telephoto lens would NOT be guilty of intrusion if:

a. the movie star was in a restaurant at the time.

Another name for an indictment is a(n):

a. true bill.

A points an unloaded gun at B and threatens to shoot. Unobserved by A, C, who is B's wife, witnesses the threat and believes A's gun is loaded and that B is about to die. C pulls out a gun and shoots and kills A. In this case:

b. C can successfully invoke the privilege of defense of others because of her reasonable belief at the time she shot A.

Garnett, who was driving too fast for conditions, collided with a truck carrying explosives. The truck was unmarked, so Garnett had no way of knowing what it contained. The collision caused an explosion, which shattered glass in a building a block away. The glass injured Ida, who was working inside the building. John, who was walking down the street near the site of the collision, was seriously burned as a result of the explosion. In this case:

b. Garnett's negligent driving is the proximate cause of John's injury.

Which of the following would not be considered an abnormally dangerous activity, subjecting the person who carries it out to strict liability?

b. Transmitting gas through a gas pipe.

An employer directs his vice-president of marketing to fix prices with their company's competitors. The employee does so. Under these facts:

b. both the employee and the employer are criminally liable.

A criminal trial is similar to a civil trial, but there are some significant differences. These differences are:

b. burden of proof on the prosecution is to prove criminal guilt beyond a reasonable doubt in a criminal trial.

. The __________ Amendment prohibits excessive bail and prohibits cruel and unusual punishment.

b. eighth

Losses due to computer crimes are estimated to be:

b. in the tens of billions of dollars.

Two boys held up a liquor store at gunpoint and ran off with a bag of money. The police saw them run into Jill's apartment building where there are only four apartments off a common hall and no apparent way out of the building but the front door. The police knock on Jill's door. She says she's the only one there. The police can:

b. search the apartment without a warrant because they are in hot pursuit of the thieves.

The crime of larceny includes in its definition:

b. the trespassory taking and carrying away of personal property.

Which one of the following is NOT true of a criminal suit?

c. A purpose of a criminal suit is repayment to the victim.

A form of strict liability applies to all except which of the following situations?

c. Abnormally risky medical procedures.

How much force may an individual use to protect her property?

c. Reasonable force, but not deadly force.

Which of the following is correct with respect to a grand jury?

c. The grand jury issues an indictment if it finds sufficient evidence to justify a trial on the charges alleged.

White-collar crime is defined as a nonviolent crime usually involving deceit, corruption, or breach of trust.

True

The privilege against self-incrimination extends to which of the following? a. Providing a handwriting sample. b. Appearing in a line-up for identification purposes. c. Taking a blood test after an accident. d. None of the above are protected by the privilege against self-incrimination.

D. None of these

A violation of a statute constitutes negligence per se regardless of whether the injured party is a member of the class protected by the statute.

False

Carelessness or negligence is a form of subjective fault.

False

If negligence of the plaintiff and negligence of the defendant proximately caused the injury and damage sustained by the plaintiff, the plaintiff can recover some damages in those states where contributory negligence is still recognized.

False

Paul grabs Don and threatens to stab him with his knife if Don doesn't help Paul commit a robbery. If Don helps Paul and is prosecuted, Don would have a valid defense called self-defense.

False

RICO defines a pattern of racketeering as the commission of three or more predicate acts within a five-year period.

False

The "but for" test is useful when two or more forces, each of which is sufficient to bring about the harm in question, are actively operating.

False

The 2010 amendments to the Federal Organizational Corporate Sentencing Guidelines restricted the availability of reduced sentencing for corporations having effective compliance and ethics programs and meeting additional requirements.

False

The Fifth Amendment would protect a defendant from having to give blood samples to the prosecution since it would be a form of self-incrimination as interpreted by the courts.

False

The Sarbanes-Oxley Act passed in 2002 is the first comprehensive federal statute prohibiting computer crime.

False

The Sixth Amendment protects persons against self-incrimination, double jeopardy, and being charged with a capital offense except by grand jury indictment.

False

The key distinction between larceny and embezzlement is whether the person taking the property has the intent to deprive the victim permanently of the goods.

False

Under the Second Restatement, a possessor of land has a legal duty to warn business invitees of obvious dangers that invitees should be able to discover themselves

False

While comparative negligence is generally not a defense in a strict liability case, contributory negligence generally is a successful defense.

False

A crime is an act or omission in violation of public law and punishable by the government.

True

A felony is a more serious type of crime than a misdemeanor.

True

All jurisdictions have enacted laws making it a crime to write a check when there is not enough money in the account to cover the check.

True

Because of the increasing use of criminal sanctions to enforce government regulation of business, criminal law is an essential part of business law.

True

Corporations may be held liable for a crime.

True

For purposes of intentional torts, a person can have the intent to cause harm if the harm is substantially certain to occur even if he or she doesn't desire that such harm occur

True

If Gene mistakenly hits Audrey with his truck and kills her, when he intended to hit and kill Cerise, his intent to kill Cerise is transferred to Audrey, regardless of whether he even knew Audrey, for the purpose of fulfilling the mental element of the crime.

True

Kim offered $50,000 to the vice president of operations of ChemKore Co. to induce her to divulge a secret process. In some states Kim would be guilty of commercial bribery.

True

Misdemeanors are less serious crimes punishable by a fine or imprisonment in a local jail.

True

The Fifth Amendment protects a defendant from double jeopardy.

True

At common law, __________ was defined as a breaking and entering of a dwelling house at night with the intent to commit a felony

a. burglary