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Quiz on BUSL - Exam #2, created by ermarv12 on 04/30/2014.

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BUSL - Exam #2

BUSL - Exam #2

Question 1 of 50

1

A victim of fraud has an incentive to sue under the civil provision of the RICO act because he will get three times the amount of damages he actually suffered.

Select one of the following:

  • True
  • False

Explanation

Question 2 of 50

1

The measure of damages for conversion is the reasonable value of the property taken or damaged in the condition it was in at the time the damage occurred.

Select one of the following:

  • True
  • False

Explanation

Question 3 of 50

1

The "state of the art" defense is available to any manufacturer in a product liability suit based on strict liability.

Select one of the following:

  • True
  • False

Explanation

Question 4 of 50

1

The doctrine of res ipsa locquitur applies when an alleged tortfeasor causes damage or personal injury as a result of violating a law or ordinance.

Select one of the following:

  • True
  • False

Explanation

Question 5 of 50

1

A surgeon is held to a higher standard of care performing a surgical procedure than a general practitioner would be in performing the same procedure.

Select one of the following:

  • True
  • False

Explanation

Question 6 of 50

1

The Supreme Court has ruled warrantless electronic surveillance does not violate the 4th amendment protections against unreasonable searches and seizures.

Select one of the following:

  • True
  • False

Explanation

Question 7 of 50

1

To be liable for intentional infliction of emotional distress, a defendant must have engaged in outrageous and completely intolerable conduct by community standards.

Select one of the following:

  • True
  • False

Explanation

Question 8 of 50

1

Whether or not a CPA performed negligently in auditing a company's books is a question of fact for the jury.

Select one of the following:

  • True
  • False

Explanation

Question 9 of 50

1

At common law, a child under 7 was presumed to possess the mental capacity to form criminal intent.

Select one of the following:

  • True
  • False

Explanation

Question 10 of 50

1

The Fifth Amendment requires a grand jury indictment for any felony charge.

Select one of the following:

  • True
  • False

Explanation

Question 11 of 50

1

If a construction company damaged property while blasting, the company would be held strictly liable.

Select one of the following:

  • True
  • False

Explanation

Question 12 of 50

1

A statement is defamatory only if the speaker intended to injure the subject's reputation.

Select one of the following:

  • True
  • False

Explanation

Question 13 of 50

1

A corporation may not be held liable for the criminal acts of its employees because a corporation cannot form criminal intent.

Select one of the following:

  • True
  • False

Explanation

Question 14 of 50

1

Jared is in negotiation to hire Holly, a CPA, to audit his company's financial statements. Kevin, who used to employ Holly to audit his company's books, tells Jared Holly often violates industry standards. Jared hires someone else. Holly may successfully sue Kevin for slander per se.

Select one of the following:

  • True
  • False

Explanation

Question 15 of 50

1

The function of a grand jury is to decide whether enough evidence exists to indict a criminal suspect for a crime.

Select one of the following:

  • True
  • False

Explanation

Question 16 of 50

1

A wrongful act can be both a crime and a tort.

Select one of the following:

  • True
  • False

Explanation

Question 17 of 50

1

In those states that recognize contributory negligence as a defense, a plaintiff who was 20% responsible for his injuries can collect the other 80% from the defendant.

Select one of the following:

  • True
  • False

Explanation

Question 18 of 50

1

Andrew added a drug to a drink he gave to Brittany to "relax her". Brittany now suffers from kidney disease. Andrew has committed assault against Brittany.

Select one of the following:

  • True
  • False

Explanation

Question 19 of 50

1

Alan was convicted in a criminal trial of assaulting Ben while Ben was involved in a conversation with Charlene. If Alan testifies he wanted to injure Charlene, he will not be found liable for the assault.

Select one of the following:

  • True
  • False

Explanation

Question 20 of 50

1

Libel is written defamation while slander is oral.

Select one of the following:

  • True
  • False

Explanation

Question 21 of 50

1

Someone who operates a legal business has a complete defense to the tort of nuisance.

Select one of the following:

  • True
  • False

Explanation

Question 22 of 50

1

Where a manufacturers fails to provide adequate instructions on the use of a product, the manufacturer may be sued for product liability based on negligence.

Select one of the following:

  • True
  • False

Explanation

Question 23 of 50

1

The greater the risk in a situation, the higher the duty of care.

Select one of the following:

  • True
  • False

Explanation

Question 24 of 50

1

A corporation need not turn over its internal records in a criminal proceeding because to do so would violate the corporation's right not to incriminate itself.

Select one of the following:

  • True
  • False

Explanation

Question 25 of 50

1

Not knowing you are on the land of another person is a complete defense to charges of trespass to land.

Select one of the following:

  • True
  • False

Explanation

Question 26 of 50

1

Dr. Dan accidentally left a scalpel in Paul Patient during Paul's operation, causing Paul much pain and necessitating additional surgery. Paul's lawyer will most likely use the special doctrine of ___________ when he sues Dr. Dan for negligence.

Select one of the following:

  • Negligence per se

  • Res ipsa locquitur

  • Superseding cause

  • Contributory negligence

Explanation

Question 27 of 50

1

Non-violent crimes based on fraud and concealment are classified as ____________ crimes.

Select one of the following:

  • blue-collar

  • white-collar

  • strict liability

  • public nuisance

Explanation

Question 28 of 50

1

Defendant's failure to do what a reasonable and prudent person would do in his circumstances subjects Defendant to liability for

Select one of the following:

  • negligence

  • strict liability

  • fraud

  • all of the above

Explanation

Question 29 of 50

1

Which of the following could not be argued by a defendant in a product liability case based on strict liability to limit the dollar amount of the damages awarded to the plaintiff?

Select one of the following:

  • The product was based on a state of the art design

  • The manufacturer exercised all reasonable care in the manufacture of the product

  • The user was not in privity of contract with the manufacturer

  • All of the above can be pled to reduce damages

Explanation

Question 30 of 50

1

In prosecuting insider-trading cases, the government often identifies people who were given "tips" to buy or sell a certain stock from inside contacts who worked for the corporation and had access to inside or confidential information. Both the tipper and the tippee have criminal liability. The government may promise not to prosecute the tippee if the tippee testifies against the tipper at trial. This is an example of

Select one of the following:

  • immunity from prosecution

  • entrapment by the government

  • strict liability on the part of the tipper

  • government overreach

Explanation

Question 31 of 50

1

Seeking to overthrow the government by force of arms is the crime of

Select one of the following:

  • mayhem

  • treason

  • civil disorder

  • it is not a crime, but political expression protected by the First Amendment

Explanation

Question 32 of 50

1

Frank bought a diamond ring for his girlfriend from Bill. Bill told Frank he had given the ring to his fiancee, who returned it when she broke off the engagement. In fact, Bill had stolen the ring at a party. Frank had no reason to know or suspect the ring was stolen. What is Frank's liability in these circumstances?

Select one of the following:

  • Frank has committed embezzlement

  • Frank has committed conspiracy

  • Frank has committed conversion

  • Frank has committed no torts or crimes because he had no knowledge the ring was stolen

Explanation

Question 33 of 50

1

Which of the following statements is true about the use of the reasonable person standard in negligence cases?

Select one of the following:

  • The reasonable person is presumed to have a minimal level of knowledge and common sense

  • The reasonable person of the standard takes on the physical characteristics of the defendant

  • The standard of care for the reasonable person would be less stringent in emergency situations

  • All of the above are true

Explanation

Question 34 of 50

1

Big 60s British Rock Star had a contract to perform at Shady Pines Retirement Home, where many of his fans now lived. Sunnydale Retirement Village, a business rival, convinced Rock Star to breach his contract with Shady Pines and perform for them instead on that day. Sunnydale offered him more money and promised to pay for any liability he might have to Shady Pines. Shady Pines can sue Sunnydale for

Select one of the following:

  • breach of contract

  • interference with a contractual relationship

  • nuisance

  • conversion

Explanation

Question 35 of 50

1

For crimes that are serious felonies, the government gives the defendant notice of the charges against him in a(n)

Select one of the following:

  • true bill of indictment

  • no true bill of indictment

  • information

  • decree

Explanation

Question 36 of 50

1

Owen, the owner of Owen's Bar and Grill, repeatedly warns his bartenders to check IDs and to be on the lookout for fake IDs. Police officers caught Bartender serving alcohol to a minor. Owen will be held criminally liable, despite his many warnings, under the doctrine of

Select one of the following:

  • personal culpability

  • primary liability

  • vicarious liability

  • retailing fraud

Explanation

Question 37 of 50

1

The damages awarded to a victim to make the victim "whole" are _____________ damages.

Select one of the following:

  • punitive

  • compensatory

  • non-economic

  • consequential

Explanation

Question 38 of 50

1

In most states, children under the age of ___________ cannot be held liable for negligence.

Select one of the following:

  • 7

  • 14

  • 16

  • 18

Explanation

Question 39 of 50

1

Ira signs Jill's name to the back of a check made out to her without Jill's authorization. Ira's act is

Select one of the following:

  • forgery

  • embezzlement

  • larceny

  • robbery

Explanation

Question 40 of 50

1

An Iowa state statute requires amusement parks to maintain equipment in specific condition for the protection of patrons. Jack's Amusement Park fails to maintain its equipment as required. Kathy, a patron, is injured as a result. Jack's has committed

Select one of the following:

  • a dram shop act

  • a Good Samaritan act

  • negligence per se

  • res ipsa locquitur

Explanation

Question 41 of 50

1

Fred files a suit against Gail for conversion of property Fred asserts he owns. Gail will not be liable if she can show

Select one of the following:

  • Fred does not intend to use the property

  • Fred has no ownership interest in the property

  • Gail has no ownership interest in the property

  • Gail intended to return the property

Explanation

Question 42 of 50

1

Ann is the head of the account payable department in a large corporation. She set up a bank account in the name of a fictitious supplier and deposits a check in it every month. She is the owner of the account. Because Ann is an employee entrusted with making out checks for her employer, she has committed the crime of

Select one of the following:

  • extortion

  • embezzlement

  • forgery

  • robbery

Explanation

Question 43 of 50

1

Betty owns a large farm in Ohio. Dan drives his SUV off a highway and onto Betty's land. Dan commits trespass to land only if he

Select one of the following:

  • does not have Betty's permission to drive onto the property

  • drives onto the property for recreational purposes

  • harms the property in a material way

  • harms the property in any way

Explanation

Question 44 of 50

1

Leo hears Mona falsely accuse Nick of stealing from their employer. The statement is defamatory

Select one of the following:

  • because a third party heard it

  • only if Nick suffers emotional distress

  • only if the statement is also published in the media

  • only if the statement was made in annoying manner

Explanation

Question 45 of 50

1

Holly is granted immunity after she agrees to testify about a crime. Holly has an absolute privilege agains self-incrimination and

Select one of the following:

  • can be prosecuted only for the crime about which she agreed to testify

  • cannot be prosecuted for any crime

  • cannot refuse to testify on Fifth Amendment grounds

  • can refuse to testify on Fifth Amendment grounds

Explanation

Question 46 of 50

1

Harry, a securities trader, is arrested in his employer's parking lot on suspicion of insider trading. Harry must be informed of his right

Select one of the following:

  • to trial by jury

  • to remain silent

  • to question witnesses

  • to challenge his punishment

Explanation

Question 47 of 50

1

Cathy causes a disturbance at Diners Cafe. She is arrested and charged with disorderly conduct, a misdemeanor. A misdemeanor is a crime punishable by imprisonment up to

Select one of the following:

  • one year

  • six months

  • ten years

  • thirty days

Explanation

Question 48 of 50

1

Another term for strict liability is

Select one of the following:

  • liability without fault

  • gross negligence

  • reckless misconduct

  • criminal negligence

Explanation

Question 49 of 50

1

The purpose of bail is to

Select one of the following:

  • insure the defendant shows up for trial

  • compensate victims of crimes

  • restrict the physical activities of the defendant before trial

  • all of the above are purposes of bail

Explanation

Question 50 of 50

1

Ron, the manager of Sav-Mart Discount Store, detains Tina, whom Ron suspects of shoplifting. Tina sues Ron, alleging the detention was false imprisonment. Ron is liable if Tina

Select one of the following:

  • did not actually shoplift

  • had not shoplifted in the past

  • had probable cause to leave the premises

  • was detained for an unreasonably long time

Explanation

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