Business Law Chapters 4, 5, 6, 7
direct examination
*after a witness has been sworn in,* the plaintiff's attorney questions the witness. documents and other evidence can be introduced through each witness. what step of the trial process does this scenario describe? a) cross-examination b) direct examination c) rebuttal d) rejoinder -the first step!
the supremacy clause
__________ establishes that the u.s. constitution and federal treaties, laws, and regulations are the supreme law of the land. a) the commerce clause b) police power c) the supremacy clause d) the foreign commerce clause
impanel (impaneled)
___________ is the act of being sworn in as a juror to hear a case. a) deponent (deposed) b) discovery (discovered) c) intervention (interventioned) d) impanel (impaneled)
a cross-complaint
_____________ is a document filed by the defendant against the plaintiff to seek damages or some other remedy. a) a reply b) a cross-complaint c) a complaint d) an answer
a deposition is oral testimony
_________________ given by a party or witness prior to trial. the testimony is given under oath and is transcribed. a) a deposition is oral testimony b) arbitration is c) interrogatories is d) a final judgement is
interrogatories
_____________________ are written questions submitted by one party to a lawsuit to another party. a) depositions b) physical or mental examinations c) final judgements d) interrogatories
assault
a 6-foot-5-inch, 250-pound person makes a fist and threatens to punch a 5-foot, 100-pound person. the threatened person is afraid that he or she will be physically harmed, so that person decides to sue the threatening person to recover damages. which of the following torts applies to this scenario? a) the transferred intent doctrine b) battery c) assault (fear of intimate battery) d) slander
motion for summary judgement
a _________ asserts that there are no factual disputes to be decided by the jury and that the judge can apply the proper law to the undisputed facts and decide the case without a jury. a) pretrial hearing b) motion for summary judgement c) motion for judgement on the pleadings d) voir dire
burden of proof
a burden a plaintiff bears to persuade the trier of fact of the merits of his or her case is called the ___________________. a) closing argument b) jury deliberation c) defendant's case d) burden of proof
intentional tort
a category of torts that requires that the defendant possessed the intent to do the act that caused the plaintiff's injuries is called _____________. a) professional malpractice b) unintentional tort c) intentional tort d) strict liability
fully protected speech
a citizen publishes an article in an american magazine criticizing president obama's use of drones in the middle east. this is an example of which of the following? a) fully protected speech b) commercial speech c) limited protected speech d) unprotected speech -we want to fully protect political laws, as stated in first amendment. commercial speech, sanity, screaming "fire" and sighting violence or violence overthrow of the government is restricted speech (limited).
disparagement
a competitor of tesla motors tells a prospective customer that "tesla cars get terrible gas mileage," when, in fact, he knows the opposite is true. the competitor is likely liable for which of the following? a) libel b) disparagement (related to a business endeavor, inaccurate fact and against corporation; talking about professional engagement) c) defamation of character d) slander
mediation
a couple has decided to end their marriage. they meet with a neutral third party, who acts as an intermediary between them to assist in resolving the issues involved in the divorce, including property settlement, payment of alimony and child support, custody of children, and visitation rights. this third party does not make a decision or an award. what kind of alternative dispute resolution does the scenario describe? a) judgement notwithstanding the verdict b) arbitration c) negotiation d) mediation
professional malpractice
a doctor accidentally leaves a medical instrument in a patient after an operation. that doctor is likely liable for which of the following? a) negligence per se b) professional malpractice c) gross negligence d) negligent infliction of emotional distress
substantive due process
a new west texas city ordinance makes it illegal for persons to wear "clothes of the opposite sex." this ordinance was ruled unconstitutional as void for vagueness because a reasonable person could not clearly determine whether his or her conduct violates the law. under which category of due process would this law have been ruled unconstitutional? a) substantive due process (requires clarification for a person to understand the law and who it applies to) b) protected class due process c) behavioral due process d) procedural due process
larceny
a person breaks the window of a car and steals the brand-new stereo systems. this scenario describes which of the following crimes? a) burglary (breaking into a person's house, or building) b) robbery (theft from a person directly; ex: walk down the street gun to someone's head to steal wallet) c) larceny (not d) receiving stolen property
involuntary manslaughter
a person leaves the bar and instead of taking a cab, drives home. he runs a spotlight, hits another car, and unintentionally causes the other driver's death. this scenario is an example of which of the following? a) second-degree murder b) first-degree murder c) voluntary manslaughter d) involuntary manslaughter
intentional infliction of emotional distress
a tort that says a person whose extreme and outrageous conduct intentionally or recklessly causes severe emotional distress to another person is liable for that emotional distress is which of the following? a) intentional infliction of emotional distress b) ordinary negligence c) malicious prosecution d) duty of care
voluntary manslaughter
a woman comes home unexpectedly and finds her husband committing infidelity. in a moment of anger, she "snaps" and kills the other woman. this scenario is an example of which of the following? a) second-degree murder b) first-degree murder c) voluntary manslaughter (heat of the moment) d) involuntary manslaughter
nonbinding arbitration
after an arbitration hearing is complete, the arbitrator reaches a decision and issues an award. the decision and award of the arbitrator *can be appealed to the courts.* this scenario best describes which of the following? a) binding arbitration b) nonbinding arbitration c) an arbitration clause d) a submission agreement
binding arbitration
after an arbitration hearing is complete, the arbitrator reaches a decision and issues an award. the parties agree in advance to be bound by the arbitrator's decision and remedy. in this situation, the decision and award of the arbitrator cannot be appealed to the courts. this scenario best describes which of the following? a) nonbinding arbitration b) a submission agreement c) binding arbitration d) an arbitration clause
re-direct examination
after the defendant's attorney completes his or her questions, the plaintiff's attorney can ask questions of the plaintiff's witness. which part of the trial process does the scenario describe? a) rejoinder b) rebuttal c) re-direct examination d) cross-examination
a plea bargain agreement
an accused is charged with first-degree murder, which if proven, carries a penalty of life imprisonment. the government and the accused reach an agreement whereby the accused agrees to plead guilty to the crime of second-degree murder, which carries a maximum penalty of 20 years in jail. therefore, a trial is avoided. the accused agreed to which of the following? a) a plea bargain agreement b) probable cause c) an indictment d) booking
an error of law
an appellate court reverses a lower court decision because it finds prejudicial evidence was admitted that it was obtained through an unconstitutional search and seizure. this scenario is an example of which of the following? a) an appellant b) an appellee c) an error of law d) a finding of fact
battery
at a party a man poisons the drink of his neighbor. the man wants revenge for the hideous color his neighbor painted his house. the neighbor gets very sick and needs to go to the hospital. the sick neighbor can sue the man who poisoned the drink for which of the following? a) assault b) battery (harmed, but didn't see harm coming) c) defamation of character d) invasion of the right to privacy
a specified dollar amount deposited by the client before the lawyer proceeds, which is placed in a trust account
attorneys often require a client to pay a retainer, that is ______________. a) a fee arrangement between an attorney, an government agency, and the client b) a specified dollar amount deposited by a government agency that covers an attorney's fee c) government representation by a prosecutor who most likely is a government employee d) a specified dollar amount deposited by the client before the lawyer proceeds, which is placed in a trust account
the good samaritan law
brandon is injured in an automobile accident and is unconscious in his car alongside the road. doctor beth kay, who is driving by the scene of the accident, stops, pulls brandon from the burning wreckage, and administers first aid. in doing so, beth negligently breaks brandon's shoulder. because beth's negligence is ordinary negligence, she is not liable to brandon. which of the following protects beth from liability? a) professional malpractice b) the attractive nuisance doctrine c) the good samaritan law d) the doctrine of res ipsa loquitur
failure to warn
drugz4cheap manufacturers prescription medications. drugz4cheap produces a prescription medicine but fails to warn about its known side effects. their customers have started to suffer from the side effects. the drugz4cheap customers can sue and recover damages based on which of the following? a) failure to provide adequate instructions b) a defect in packaging c) failure to warn d) a defect in design
the opening statement
during which part of the trial process does an attorney usually summarize the main factual and legal issues of the case and describe why he or she believes the client's position is valid? a) the opening statement b) cross-examination c) direct examination d) closing arguments
duty of care
each person has an obligation to drive his or her car carefully, not to push or shove on escalators, and go on. businesses have an obligation to make safe products, not to cause accidents, and so on. these obligations are examples of which of the following? a) breach of the duty of care b) duty of care c) reasonable person standard d) reasonable professional standard
injury
even though a defendant's negligent act may have breached a duty of care owed to the plaintiff, this breach is not actionable unless the plaintiff suffers _____________. a) actual clause b) proximate clause c) injury d) ordinary negligence
the legislative branch
i am one branch of the federal government, and i was established by article i of the u.s. constitution. i am the branch responsible for making federal law. i am bicameral, which means that i include the u.s. senate and the u.s. house of representatives (together, congress). my u.s. congress enacts federal statues. which branch of the federal government am i? a) the legislative branch b) the federalist branch c) the executive branch d) the judicial branch
the executive branch
i am one branch of the federal government, and i was established by article ii of the u.s. constitution. i consist of the president, who is selected by the electoral college (whose representatives are appointed by state delegations), and the vice president. i am responsible for enforcing federal law. which brand of the federal government am i? a) the executive branch b) the judicial branch c) the federalist branch d) the legislative branch
the judicial branch
i am one branch of the federal government, and i was established by article iii of the u.s. constitution. i am responsible for interpreting the u.s. constitution and federal law. i consist of the supreme court and other federal courts. which brand of the federal government am i? a) the legislative branch b) the judicial branch c) the federalist branch d) the executive branch
slander
if a person verbally makes an untrue statement of fact about another person to a third person, such an oral statement constitutes ______________. a) fraud b) slander c) invasion of the right to privacy d) libel
a defect in packaging
in the news, you read about consumers who've started suffering injuries and death after visiting a certain grocery store. the authorities track the problem back to a certain salad dressing. the manufacturer of the salad dressing had failed to put tamperproof seals on its salad dressings (i.e. caps that have seals that show whether they have been opened). thus, a person purchased several bottles of the salad dressing from a grocery store, opened the caps, placed the poison cyanids in the dressing, replaced the caps, and placed the bottles back on the grocery store shelves. in this scenario, the salad dressing manufacturer would be strictly liable for which of the following? a) a failure to warn b) a defect in design c) a defect in manufacturer d) a defect in packaging
procedural due process
in the year 2075, the south oregon state government brings a criminal lawsuit against a defendant for the alleged commission of a crime but does not provide the defendant with a proper hearing (a trial). under which category of this process would this law be ruled unconstitutional? a) protected class due process b) behavioral due process c) substantive due process (with the fcc) d) procedural due process (no element)
misappropriation of the right to publicity
its the year 2030, and ryan gosling is still a famous movie star. mcdonalds, which is struggling to retain customers, decides to use a photo of him with the words "hey girl" and a picture of a big mac hamburger on a billboard. mcdonalds does not ask ryan gosling for permission to use his image. if ryan gosling decides to sue and recovers the profits made by mcdonalds, which of the following torts applies to his situation? a) libel b) invasion of the right to privacy c) defamation of character d) misappropriation of the right to publicity
failure to warn
manufacturers and sellers owe a duty to warn customers and users about the dangers of using certain products. when a company chooses not to be clear on the dangerous propensities of a product, it is liable for _____________________. a) failure of the reasonable person standard b) breach of the duty of care c) failure to warn d) failure to provide adequate instructions
felony
most crimes persons (e.g. murder, rape) and certain business-related crimes (e.g. embezzlement, bribery) fall into which of the following categories of crime? a) violation b) regulatory statute c) misdemeanor d) felony
defamation of character
one of your former clients publishes an article about you, and it includes the sentence "my lawyer has been disbarred from the practice of law," when you have not been disbarred. your client could now be sued for which of the following? a) defamation of character (when you are an attorney, sometimes may feel like a business relationship) b) malicious prosecution c) disparagement d) intentional misrepresentation
invasion of the right to privacy
secretly taking photos of another person with a cell phone camera in a men's or women's locker room constitutes _________________. a) libel b) disparagement c) invasion of the right to privacy d) intentional misrepresentation
obscene
speech that appeals to the prurient interest; depicts sexual conduct in a patently offensive way; and lacks serious literary, artistic, political, or scientific value is called ____________ speech. a) commercial b) obscene c) offensive d) limited protected
police power
state real property laws, personal property laws, and state environmental laws are enacted under _________________. a) police power b) the effects on interstate commerce text (federal government as well) c) the dormant commerce clause (federal gov't still has power even though not conflicting) d) the indian gaming regulatory act (federal gov't works on)
reserved powers
statues enact laws that provide for the formation and regulation of partnerships and corporations. cities adopt zoning laws that designate certain portions of the city as residential areas and other portions as business and commercial areas. which of the following gives the state the power to adopt and enact these laws? a) enumerated powers (pulled out and hi-lighted for specific federal government) b) reserved powers (for the states, not given to federal gov't) c) the supremacy clause d) checks and balances
the litigation process
the bringing, maintaining, and defending of a lawsuit is generally referred to as _________________. a) the arbitration process b) the litigation process c) negotiation d) mediation
an answer
the defendant's written response to a plaintiff's complaint that is filed with the court and served on the plaintiff is called _______________. a) a reply b) an answer c) a cross-complaint d) a complaint
a complaint
the document a plaintiff files with the court and serves on the defendant to initiate a lawsuit is called ________________. a) an answer b) a reply c) a complaint d) a cross-complaint
limited protected speech
the federal communications commission (fcc) regulates radio, television, and cable stations. under its powers, the fcc has regulated the use of offensive language on television by limiting such language to time periods when children would be unlikely to be watching (e.g. late at night). this is an example of which of the following? a) limited protected speech b) commercial speech c) unprotected speech d) fully protected speech
the foreign commerce clause
the federal government can enact a law that forbids another country from doing business in the united states if that country engages in activities not condoned by the united states. a state, however, cannot enact a law that forbids a foreign country from doing business in that state if that country engages in activities that are not condoned by that state. under which law is the above scenario true? a) the foreign commerce clause (fed gov't has right to deal with foreign nations) b) the dormant commerce clause c) the commerce clause d) police power
the rational basis test
the federal government's social security program, which pays benefits to older members of society but not to younger members of society, is lawful. the reason is that older members of society have earned this right during the course of their lifetimes. this scenario most likely passed which of the following standards of review for deciding whether the government's treatment of people violates equal protection clause? a) the strict scrutiny test (race, religion, ethnic background) b) the rational basis test (age) c) the fundamental rights scrutiny test d) the intermediate scrutiny test (gender)
grants protection to people and businesses against unreasonable search and seizure by the government
the fourth amendment does which of the following? a) explains rights that a suspect must be informed of before being interrogated so that the inspect will not unwittingly give up his or her fifth amendment right b) provides that a person need not be a witness against him-or herself in any criminal case c) protects persons from being tried twice for the same crime d) grants protection to people and businesses against unreasonable search and seizure by the government
unintentional misrepresentation
the intentional defending of a person out of money, property, or something else of value is called? a) unintentional misrepresentation (another way of saying fraud) b) malicious prosecution c) disparagement d) intentional inflictions of emotional distress
checks and balances
the judicial branch has authority to examine the acts of the other two branches of government and determine whether those acts are constitutional. the president has veto power over bills passed by congress. the house of representatives has the power to impeach the president for certain activities, such as treason, bribery, and other crimes. the senate has the power to try an impeachment case. these are all examples of which characteristic of the u.s. government? a) enumerated powers b) checks and balances c) federalism d) the electoral college
product liability
the liability of manufacturers, sellers, and others for the injuries caused by defective products is called ______________. a) product liability b) the crashworthiness doctrine c) a generally known danger d) failure to warn
the free exercise clause
the state of south dakota wants to enact a law that prohibits churches, synagogues, mosques, and temples from existing in the state. which clause would south dakota proposed law violate? a) the establishment clause (doing something to say this is the religion of south dakota) b) the due process clause c) the equal protection clause d) the free exercise clause (endorsing one over the other, banning them all--can't exercise if people banned from gathering space)
the establishment clause
the u.s. supreme court ruled that an alabama statute that authorized a one-minute period of silence in school for "meditation or voluntary prayer" was invalid. *the court held that the statue endorsed religion.* which clause did the alabama statute violate? a) the establishment clause b) the free exercise clause (if was an argument by s. court) c) the equal protection clause d) the due process clause
a class action lawsuit
three individual employees of wal-mart stores, inc. brought a lawsuit against walmart alleging that it systematically engaged in sex discrimination against females in violation of federal employment law. the u.s. supreme court refused to grant over more than 3,400 stores in a multitude of different jobs involving thousands of supervisors over varying time periods. what kind of lawsuit did the three wal-mart employees *try to* bring? a) a deposition b) a class action lawsuit c) an intervention d) a consolidated lawsuit -not successful in this case, supreme court refused to grant a certification.
a process in which jurors are separated from family and others during jury deliberation
to be sequestered refers to __________________. a) a process in which jurors are separated from family and others during jury deliberation b) the act of asking an appellate court to overturn a decision after the trial court's final judgement has been entered c) a statement made by each party's attorney to the jury at the close of a trial d) the process whereby the judge and attorneys ask prospective jurors questions to determine whether they would be biased in their questions
arbitration
two parties are engaged in a legal dispute. in order to reach a settlement of their dispute, the parties choose an impartial third party *to hear and decide the dispute.* what kind of alternative dispute resolution does this scenario describe? a) arbitration b) judgement notwithstanding the verdict c) negotiation d) mediation -can be confused with mediation (mediation is when it helps you to come to a conclusion)
negotiation
two parties are engaged in a legal dispute. in order to reach a voluntary settlement of their dispute, the parties decide to engage in discussions to try to reach an agreeable solution. during the proceedings, the parties usually make offers and counteroffers to one another. the parties or their attorneys also may provide information to the other side in order to assist the other side in reaching an amicable settlement. what kind of alternative dispute resolution does the scenario describe? a) arbitration b) mediation c) judgement not withstanding the verdict d) negotiation
e-arbitration
two parties are in a legal dispute. one of the parties registers her dispute with an online service and then notifies the other party by e-mail of the registration of the dispute. the registering party submits an amount she is willing to accept or pay to the other party. the other party is afforded the opportunity to accept the offer. if that party accepts the offer, a settlement has been reached; however, the other party may return a counteroffer. the process continues until a settlement is reached or one of both parties remove themselves from the online process. the scenario best describes which of the following? a) a final judgement b) a deposition c) e-arbitration d) e-mediation
e-mediation
two parties in a legal dispute sit before their computers and sign on to the website. a chat room is assigned to each party and a neutral third party, and another is set aside for both parties and the neutral third party together. the individual chat rooms are used for private conversations with the neutral third party, and the other chat room is for conversations between both parties and the neutral third party. the scenario best describes which of the following? a) e-arbitration b) a final judgement c) e-mediation d) a deposition
second-degree murder
two people who have never met are at a bar, have a few too many beers, and get into an unplanned fight. one of the people kills the other. this scenario is an example of which of the following? a) first-degree murder b) second-degree murder (not planned, but had enough time with the intention to kill) c) involuntary manslaughter d) voluntary manslaughter
money laundering
walter green, a metamphetamine cook, purchases a restaurant. he plans to use this business and run the money he earns from his illegal drug activity through the restaurant. he and his team "cook" the books, which showed fake expenditures and receipts, and is the repository for the "buried" illegal money. this scenario is an example of which one of the following white-collar crimes? a) money laundering b) extortion c) criminal fraud d) embezzlement
enumerated powers
when the states ratified the constitution, they delegated certain powers--like the regulation of interstate commerce and foreign affairs-- to the federal government. to which of the following is the scenario referring? a) enumerated powers b) reserved powers c) the supremacy clause d) checks and balances -given over to federal government
strict liability
which doctrine holds that there are certain activities that can place the public at risk of injury even if reasonable care is taken and that the public should have some means of compensation if such injury occurs? a) gross negligence b) contributory negligence c) strict liability d) transferred intent doctrine
a clause that provides that no person shall be deprived of "life, liberty, or property" without due process of the law
which of the best following describes the due process clause? a) a clause that provides that a state cannot "deny to any person within its jurisdiction the equal protection of the laws" b) a clause that provides that no person shall be deprived of "life, liberty, or property" without due process of the law c) a clause that prohibits states from enacting laws that unduly discriminate in favor of their residents d) a clause of the first amendment of the u.s. constitution that prohibits the government from either establishing a state religion or promoting one religion over another
the intentional confinement or restraint of another person without authority or justification and without that person's consent
which of the following best defines false imprisonment? a) the unwarranted and undesired publicity of a private fact about a person; the fact does not have to be untrue b) the intentional confinement or restraint of another person without authority or justification and without that person's consent c) statutes that allow merchants to stop, detain, and investigate suspected shoplifters without being held liable for false imprisonment if there are reasonable grounds for the suspicion, suspects are detained only for only a reasonable time, and investigations are conducted in a reasonable manner d) a false statement that appears in a letter, newspaper, magazine, book, photograph, movie, video, and so on
a tort in which the presumption of negligence arises because the defendant was in exclusive control of the situation and the plaintiff would not have suffered injury but for someone's negligence
which of the following best defines the doctrine of res ipsa loquitur? a) a tort in which the violation of a statute or an ordinance constitutes the breach of the duty of care b) a tort in which the presumption of negligence arises because the defendant was in exclusive control of the situation and the plaintiff would not have suffered injury but for someone's negligence c) a tort that permits a person who is not physically injured by the defendant's negligence to recover for emotional distress caused by the defendant's negligence conduct d) a doctrine that says a person is liable for harm that is caused by his or her willful misconduct or reckless behavior -defendant was in exclusive control for the situation
the u.s. form of government in which the federal government and the 50 state governments share power
which of the following best describes federalism? a) the u.s. form of government in which the federal government and the 50 state governments share power b) a document adopted in 1778 that created a federal congress composed of representatives of the 13 new states c) a meeting convened by delegates of many states in 1787 with the primary purpose of strengthening the federal government d) certain powers delegated to the federal government by the states
the paperwork that is filed with the court to initiate and respond to a lawsuit
which of the following best describes pleadings? a) a court order that directs the defendants to appear to court and answer the complaint b) the paperwork that is filed with the court to initiate and respond to a lawsuit c) the party who files a complaint that initiates a lawsuit d) the process of bringing, maintaining, and defending a lawsuit
an amendment to the u.s. constitution that guarantees freedom of speech, freedom to assemble, freedom of the press, and freedom of religion
which of the following best describes the *first amendment* to the u.s. constitution? a) the part of the u.s. constitution that establishes the executive branch of the federal government b) the part of the u.s. constitution that establishes the judicial branch of the federal government c) an amendment to the u.s. constitution that guarantees freedom of speech, freedom to assemble, freedom of the press, and freedom of religion d) an amendment added to the u.s. constitution that contains the due process, equal protection, and privileges and immunities clauses
clauses contained in article iv of the u.s. constitution and the fourteenth amendment to the u.s. constitution that prohibit states from enacting laws that unduly discriminate in favor of their residents
which of the following best describes the privileges and immunities clauses? a) a clause that provides that a state cannot "deny to any person within its jurisdiction the equal protection of the laws" b) a clause that provides that no person shall be deprived of "life, liberty, or property" without due process of the law c) clauses contained in article iv of the u.s. constitution and the fourteenth amendment to the u.s. constitution that prohibit states from enacting laws that unduly discriminate in favor of their residents d) a clause of the first amendment to the u.s. constitution that prohibits the government from either establishing a state religion or promoting one religion over another
assumption of the risk
which of the following can a defendant use against a plaintiff who knowingly and voluntarily enters into or participates in a risky activity that results in injury? a) comparative negligence b) assumption of the risk (ex. jump out of an airplane; taking on a particular activity knowing that is an obvious risk of harm to a person) c) a superseding event d) contributory negligence
the equal protection clause
which of the following clauses prohibits state, local, and federal governments from enacting laws that classify and treat "similarly situated" persons differently? a) the equal protection clause b) the free exercise clause c) the due process clause d) the establishment clause
the eighth amendment
which of the following protects criminal defendants from cruel and unusual punishment? a) attorney-client privilege b) the sixth amendment c) the double jeopardy clause d) the eighth amendment
the intermediate scrutiny test
which of the following tests is applied to determine the constitutionality of classifications based on a protected class other than a suspect class or a fundamental right (e.g. based on gender)? a) the rational basis test b) the fundamental rights scrutiny test c) the strict scrutiny test d) the intermediate scrutiny test
the attractive nuisance doctrine
you read a news story about a man who left an abandoned refrigerator in his backyard. a neighbor child wandered into the man's yard and, while playing, got trapped in the refrigerator. the child was stuck inside for several days, and was severely malnourished once rescued. the man who left the refrigerator in his yard is liable under which of the following? a) the attractive nuisance law b) gross negligence c) a good samaritan law d) the doctrine of res ipsa loquitur -something where it is reasonable where a child says "oh this is cool"; have the responsibility to control your property or remove it for child's safety (do not cross sign is not enough visible for a child)
a breach of the duty of care
you read a news story about a woman camping in the sierra nevada mountains in drought-stricken california. the woman threw a lit match on the ground in the forest and caused a fire. the woman's actions are an example of which of the following? a) a reasonable professional standard b) a breach of the duty of care c) a duty of care d) a reasonable person standard
jury instructions (or charges)
you're observing a criminal trial for an unintentional automobile accident case. the judge reads the jury the legal definition of negligence. what does this scenario describe? a) jury instructions (or charges) b) verdict c) judgement d) remittitur
negligence per se
your city has an ordinance that places the responsibility for fixing public sidewalks in residential areas on the homeowners whose homes front the sidewalks. one of your neighbors failed to repair a damaged sidewalk in front of his home. a pedestrian walking a dog trips and breaks her leg because of the unrepaired sidewalk. when she decides to sue, the injured pedestrian does not have to prove that the homeowner owes the duty because the statute establishes that. which of the following special negligence doctrines applies to the injured pedestrian's case? a) professional malpractice b) negligent infliction of emotional distress c) gross negligence d) negligence per se
unprotected speech
your friend runs into a crowded theater and yells "fire!" when there is no fire. you're embarrassed for your friend because you know this is an example of _____________. a) fully protected speech b) unprotected speech c) commercial speech d) limited protected speech
