Business Law - Final (Chapter 3, 5, 7, 8, 9, & 50)

Which of the following is true regarding an arrest without a warrant?

A law enforcement agent can arrest a suspect without a warrant if the officer believes there is probable cause but not enough time to obtain a warrant.

When a defendant makes a first appearance, which of the following occurs?

A magistrate determines whether there was probable cause for the arrest.

The Fifth Amendment's protection against self-incrimination encompasses which of the following?

A person does not have to be a witness against himself or herself in a criminal case.

The state court system has exclusive jurisdiction over ________.

Adoption and divorce case

A defendant uses a[n] ________ when her or his answer admits that the facts contained in the complaint are accurate but also includes additional facts that justify the defendant's actions and provide a legally sound reason to deny relief to the plaintiff.

Affirmative defense

Danger Invites Rescue - Chapter 9

Airline runs off a runway and goes into a river due to negligence, any bystander who gets injured trying to help the bystanders can bring a lawsuit against the airline due to "danger invites rescue" doctrine.

Question of Fact - Chapter 3

An issue to be decided by a jury.

Which of the following is true regarding the protections of "fighting words" under the First Amendment?

Fighting words are unprotected speech under the First Amendment

The ______________ Amendment extends most of the provisions in the Bill of Rights to the states.

Fourteenth

Modified Comparative Negligence - Chapter 9

In the same manner as Pure Comparative Negligence, except that the defendant must be more than 50% at fault before the Plaintiff can recover.

Jacob calls Nick on the telephone and threatens to come over and break his nose. which of the following is true?

Jacob's conduct does not constitute an assualt because there is no risk of immediate bodily harm.

Courts of Appellate Jurisdiction - Chapter 3

Known as Appellate Courts, they have the power to review previous judicial decisions to determine whether trial courts erred in their decisions. Handle questions of LAW, generally.

Strict Liability - Chapter 9

Liability without fault.

Less serious crimes punishable by fines or imprisonment of less than one year are which of the following?

Misdemeanors

Morgan sued Rachel over a motor vehicle accident, but they settled the case prior to the trial for $1,000. The lawsuit is now ________.

Moot

A defendant who argues that commission of a crime was necessary to prevent a more severe crime from occurring is relying upon the defense of _______.

Necessity

The forceful and unlawful taking of personal property is which of the following?

Robbery

Cooper sues Company A in state court in South Carolina, where he lives, for negligence alleging personal injury and property damage of $100,000 after a truck driven by an employee of Company A rear-ended his pickup truck. Company A is incorporated in Delaware, has its headquarters in New York, but does a substantial amount of business in South Carolina. Claiming diversity of citizenship, Company A seeks removal to federal district court, but Cooper opposes the motion. Which of the following is true regarding whether the case may be properly removed to federal district court?

The amount in controversy satisfies diversity requirements; and if Company A's nerve center is in a state other than South Carolina, then the case may be properly removed to federal court.

Implied Assumption of Risk - Chapter 9

The plaintiff implicitly assumed a known risk.

Damages (Element of Negligence) - Chapter 9

The plaintiff must have sustained compensable injury as a result of the defendant's actions.

Jurisdiction - Chapter 3

The power of a court to hear a particular case.

In Personam Jurisdiction - Chapter 3

The power to render a decision affecting the rights of the specific persons before the court.

A crime can be a felony, misdemeanor, or petty offense. How is this determination usually made?

The statute defining the crime usually establishes whether the crime is a felony, misdemeanor, or petty offense.

The U.S. Constitution allocates the power of the federal government among __________ branches of government.

Three

In the United States v. Lopez, the U.S. Supreme Court addressed the constitutionally of the Gun-Free School Zone Act. What did the Court rule?

The Court ruled that Congress exceeded its commerce clause authority when it passed the act.

In South Dakota v. Dole, the validity of a federal statute granting federal funds for state highways to only those states in which 21 is the legal drinking age was questioned. What did the U.S. Supreme Court rule?

The Court upheld the state.

Carla learns that her employer, a healthcare facility, is committing fraud against the government by filing false Medicare claims. Under which of the following might she obtain a portion of any recover obtained by the government?

The False Claims Act

The right to privacy is not expressly provided in the Constitution. T/F

True

Tort Law is primarily state law. T/F

True

Under the authority of the commerce clause, Congress can pass laws as long as what criteria are met?

As long as the law affects commerce among the states, or interstate commerce, in some way, the regulation is generally.

Dram Shop Acts - Chapter 9

Bartenders and bar owners to be held liable for injuries caused by individual who become intoxicated at the bar. Many states also hold hosts liable for injuries caused by individuals who become intoxicated at the hosts' home.

Negligence - Chapter 9

Behavior that creates an unreasonable risk of harm to others.

Pure Comparative Negligence - Chapter 9

Court determines the percentage of fault of the defendant, the defendant is then liable for that percentage of the Plaintiff's damages.

Before a case can be heard, it must meet the threshold requirements of standing, case or controversy, and matter of public interest. T/F

False

Compensating a victim is the primary purpose of criminal law. T/F

False

Corporations are not protected by the First Amendment. T/F

False

Corporations cannot be held criminally accountable for strict-liability offenses under current law. T/F

False

If a law prevents individuals from exercising a fundamental right, or if the law's classification scheme involves suspect classifications, such as race, national origin or citizenship, the action will be subject to the rational-basis test. T/F

False

If a potential juror's response to a question indicates bias, an attorney should use a peremptory challenge to remove the juror. T/F

False

Juries decide questions of law. T/F

False

Only one party may appeal from a final judgment. T/F

False

Plaintiffs must prove their cases beyond a reasonable doubt in most civil cases. T/F

False

The First Amendment to the U.S. Constitution is the primary source of authority for federal regulation of business. T/F

False

Within the U.S., courts may issue advisory opinions. T/F

False

Trevor goes door-to-door selling magazine subscriptions. Trevor knows, however, that he is simply taking money fro subscriptions and has absolutely no intention of ever arranging for the provision of magazines. Which of the following offenses, if any, has he committed?

False Pretenses

Matthew, who attends a local state college in his home state, is prevented from wearing a T-shirt with a gun picture on it to his public school. He wants to sue because he believes his First Amendment rights are being violated. Which court could Matthew sue in?

Federal or state court because the case raises a federal question.

Laws which enable the court to serve a defendant outside the state as long as the defendant has sufficient minimum contacts within the state and it seems fair to assert jurisdiction are called ________.

Long-arm statutes

Which of the following are typically classified white collar crime?

Mail Fraud, Bribery, Embezzlement, and Computer Crimes.

Breach of Duty (Element of Negligence) - Chapter 9

Once the plaintiff has established that the defendant owes them a duty of care, they must prove that the defendant's conduct violated that duty.

Good Samaritan Statutes - Chapter 9

People in peril who receive voluntary aid from others cannot hold those offering aid liable for negligence.

Which of the following is true regarding federal jurisdiction?

Some cases fall within both federal jurisdiction and state jurisdiction, but the federal court system has exclusive jurisdiction over some cases.

If the law's classification scheme is based on gender, the law will be subject to ________.

Strict Scrutiny

Which of the following refers to the basic fairness of laws that may deprive an individual of her life, liberty, or property?

Substantive due process

For diversity-of-citizenship, which of the following is needed?

That the plaintiff and the defendant reside in different states and that the controversy concerns an amount in excess of $75,000.

Which amendment states that the powers that the Constitution does not give to the federal government are reserved for the states?

Tenth

A judge reports that a jury was "hung". What does the judge mean?

That the jury could not reach a verdict.

Which of the following is an example of the imposition of strict liability?

A business sells cigarettes to a minor

Negligence Per Se - Chapter 9

- Applies to cases in which the defendant has violated a statute enacted to prevent a certain type of harm from befalling a specific group to which the plaintiff belongs. When the defendant's violation causes the plaintiff to suffer from the type of harm that the statute intends to prevent. - "Negligence in or of itself"

Res Ipsa Loquitur - Chapter 9

- The plaintiff uses this doctrine to allow the judge or jury to infer that more likely than not, the defendant's negligence was the cause of the plaintiff's harm, even though there is no direct evidence of the defendant's lack of due care. - "The things speaks for itself"

Assumption of the Risk - Chapter 9

.Allows defendant to avoid liability by showing that plaintiff willingly engaged in an activity where harm foreseeable.

Defenses to Negligence - Chapter 9

1. Comparative Negligence 2. Assumption of Risk

Special Plaintiff's Doctrines - Chapter 9

1. Danger Invites Rescue 2. Dram Shop Acts

Elements of Negligence - Chapter 9

1. Duty - The standard of care a reasonable person owes another. 2. Breach of Duty - Failure to live up to the standard of care. 3. Causation - Actual cause (cause in fact) 4. Damages - A compensable loss suffered by the plaintiff

Special Defenses to Negligence - Chapter 9

1. Good Samaritan Statutes 2. Superseding Cause

Which of the following has the power to hear and decide a case when it first enters the legal system?

A trial court

Leaf, an employee of the California Department of Forestry, insisted on signing inter-office memoranda with his name and the initials "FOJT", as abbreviation for his church "Followers of Jesus' Trees". Leaf's supervisor, Milo, told Leaf there was a rule prohibiting displays of religion at work and insisted that Leaf cease placing the initials of his church on government paperwork. When Leaf refused to follow the work rule, he terminated. Which of the following is an example of the system of checks and balances?

Congress passes an amendment to overrule judicial rulings.

Cruel and unusual punishment is prohibited under the __________ Amendment.

Eighth

Which of the following is a question of fact?

Did the vehicle run the traffic light?

Assuming the requisite elements are proven, which of the following is a defense when it is established that a crime is committed because the person committing the act was threatened with immediate bodily harm or loss of life unless the offense was committed?

Duress

What does the free exercise clause of the First Amendment provide?

Government cannot make a law prohibiting choice in relation to religion.

A person who illegally accesses or enters another person's or a company's computer system to obtain information or steal money is which of the following?

Hacker

Causation (Element of Negligence) - Chapter 9

Has two elements: actual cause (cause in fact) and proximate cause (legal cause).

Eva is the vice president at Big Chain Camping Goods Store. She learns that the company is soon going to purchase a smaller chain of stores. It is expected that stock in Big Chain Camping Goods will rise dramatically at that point. Eva immediately buys a number of shares of her company's stock. She also tells her friend Claire about the expected purchase of stores. Claire wants to purchase stock in the company but lacks the funds with which to do so. Although she did not have the funds in Bank A, Claire decides to draw a check on Bank A and deposits the check in Bank B and then proceeds to write a check on Bank B to cover the purchase of the stock. Claire hopes that she would have sufficient funds to deposit before the check is presented for payment. By providing information to Claire regarding the purchase, Eva is guilty of which offense, if any?

She is guilty of an insider-trading violation by tipping the information.

Under the Sarbanes-Oxley Act, which of the following is true regarding the destruction of documents in a federal bankruptcy investigation?

The destruction of documents in a federal bankruptcy investigation is a felony with possible sentences of up to 20 years in jail.

Superseding Cause - Chapter 9

Unforeseeable event that interrupts the causal chain between the defendant's breach of duty and the damages the plaintiff suffered. Example: Meteor hits a house that was storing ammonia.

Minimum contact requirements:

Were established in International Shoe Co. v. State of Washington

Under what circumstances could government agents engage in a search without a search warrant?

When law enforcement officials believe it is likely that the items sought will be removed before they can obtain a warrant.

When can a government agents obtain a search warrant?

When they can establish probable cause.

Leaf, an employee of the California Department of Forestry, insisted on signing inter-office memoranda with his name and the initials "FOJT", as abbreviation for his church "Followers of Jesus' Trees". Leaf's supervisor, Milo, told Leaf there was a rule prohibiting displays of religion at work and insisted that Leaf cease placing the initials of his church on government paperwork. When Leaf refused to follow the work rule, he terminated. Celine and Monroe were married in California, but divorced ten years later in New York, Celine moved to Hawaii. Must Hawaii recognize her divorce decree?

Yes, because of the full faith and credit doctrine.

Elements of Strict Liability - Chapter 9

1. It involves a risk of serious harm to people or property 2. It is so inherently dangerous that it cannot ever be safely undertaken 3. It is not usually performed in the immediate community

Four Basic Ways a State Has Jurisdiction Over a Person - Chapter 3

1. Presence and Service of Process

Doctrines that help a plaintiff establish a case of Negligence - Chapter 9

1. Res ipsa loquitar 2. Negligence per se

The U.S. Court of Appeals has ________ circuits.

12

Assuming there are no vacancies, how many U.S. Supreme Court justices are there?

9

Reasonable Person Standard - Chapter 9

A measurement of the way members of society expect an individual to act in a given situation.

Comparative Negligence - Chapter 9

Allows apportionment of liability between plaintiff and defendant, according to degree of responsibility each bears for plaintiff's harm.

Unfortunate Accident - Chapter 9

An incident that simply could not be avoided, even with reasonable care.

Question of Law - Chapter 3

An issue to be decided by a judge.

Persons in which of the following groups are considered infants under the law in regards to criminal activity?

Any person under the age of majority

Which is true regarding the Fourteenth Amendment?

It is not a part of the Bill of Rights and it extends federal guarantee of due process and most constitutional protections to all states.

Courts of Original Jurisdiction - Chapter 3

Known as Trial courts, they have the power to hear and decide cases when they first enter the legal system.

Which of the following is the secretive and wrongful taking and carrying away of the personal property of another with the intent to permanently deprive the rightful owner of its use or possession?

Larceny

Which of the following is a term describing the wrongful state of mind needed for a criminal action?

Mens rea

Which of the following Supreme Court case established the right to counsel before questioning by the police?

Miranda v. Arizona

Ashley wants to sue Joe because her friend Mary was hurt by Joe and Ashley wants to be awarded money to give to Mary. Mary is currently incurring medical bills to treat her injuries and wants to focus on trying to get better, rather than suing. Can Ashley sue Joe?

No because Ashley lacks standing

If a state passed a law prohibiting the use of contraceptives, would a court likely find this law to be unconstitutional?

No, as long as the law treats citizens from other states the same as citizens in that state.

Express Assumption of Risk - Chapter 9

Occurs when plaintiff expressly agrees, usually in a written contract, to assume the risk posed by the defendant's behavior

Duty (Element of Negligence) - Chapter 9

Plaintiff must first establish that the defendant owes a duty to the plaintiff. When courts attempt to determine whether a reasonable person would have owed a duty to others, they consider four questions: 1. How likely was it that the harm would occur? 2. How serious was the harm? 3. How socially beneficial was the defendant's conduct that posed the risk of harm? 4. What costs would have been necessary to reduce the risk of harm?

At trial a defense lawyer states that evidence should not be admitted because it is "fruit of the poisonous tree". Upon which of the following is the attorney relying?

The exclusionary rule

What does protection against "double jeopardy" mean?

The government cannot try a person more than once for the same crime.

Dr. Tanaka was served with a malpractice lawsuit based on allegedly removing the wrong organ. Following discovery, it becomes clear that the plaintiff has no credible evidence against the doctor, and that no reasonable jury could rule in the plaintiff's favor. How should Dr. Tanaka's lawyer proceed?

The lawyer should make a motion for summary judgment.

States are prohibited from discriminating against citizens of other states when those nonresidents engage in ordinary and essential activities, such as seeking employment, because of _____________.

The privileges and immunities clause.

Which of the following is typically an appropriate venue in a lawsuit?

The trial court where the defendant resides and also the location where the dispute occurred if the lawsuit focuses on a particular incident.

Congress can use its spending power to achieve social welfare objectives. T/F

True

Mail fraud is a criminal crime. T/F

True

Once a case is in the proper court system, venue determines which trial court in the system will hear the case. T/F

True

Subject-matter jurisdiction is a court's power to hear certain kinds of cases. T/F

True

The U.S. Constitution establishes a system of government based on the principle of federalism. T/F

True

What are the trial courts in the federal court system called?

U.S. District Courts