Business Law Practice Questions

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Exam 2
Stephyyyy
Quiz by Stephyyyy, updated more than 1 year ago
Stephyyyy
Created by Stephyyyy about 8 years ago
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Resource summary

Question 1

Question
There is a collision between cars driven by Candy and Zeke. The evidence is that Candy is about 25% responsible, for failing to stop quickly enough, and Zeke is 75% responsible, for making a dangerous turn. Candy is most likely to win:
Answer
  • (a) A lawsuit for battery
  • (b) A lawsuit for Negligence in a comparative negligence state
  • (c) A lawsuit for Negligence in a contributory negligence state
  • (d) A lawsuit for strict liability
  • (e) A lawsuit for assault

Question 2

Question
Two cars, Driven by Fred and Barney, collide. At trial, the jury determines that the accident was 90% feeds fault and 10% barneys fault. Barney's losses total $100,000. If he lives in a state that uses contributory negligence, Barney will recover $__________?
Answer
  • (a) $0
  • (b)$10,000
  • (c)$50,000
  • (d)$90,000
  • (e)$100,000

Question 3

Question
Zack lives in a state that prohibits factory laborers from working more than 12 hours in any 24-hour period. The state legislature passed the law to cut down on accidents caused by fatigued workers. Ignoring the law, Zack makes his factory employees put in 14-hour days. Eventually a worker at the end of a long shift makes a mistake and severely injures a coworker. The injured worker sues Zack. Which of the following terms will be most relevant to the case?
Answer
  • (a) Res ipsa loquitur
  • (b) Assumption of the risk
  • (c) Negligence per se
  • (d) Strict liability

Question 4

Question
Keith is driving while intoxicated. He swerves into the wrong lane and causes an accident, seriously injuring Caroline. Which statement is true?
Answer
  • (a) Caroline could sue Keith, who might be found guilty in her suit
  • (b) Caroline and the state could start separate criminal cases against Keith
  • (c) Caroline could sue Keith, and the state could prosecute Keith for drink driving.
  • (d) The state could sue Keith but only with Caroline's accident.
  • (e) The state could prosecute Keith and sue him at the same time for drunk driving.

Question 5

Question
Jane writes an article for a newspaper reporting that Ann was arrested for stealing a car. The story is entirely false. Ann is not a public figure. Which of the following has Jane committed?
Answer
  • (a) Ordinary Slander
  • (b) slander per se
  • (c) Libel
  • (d) None of the above

Question 6

Question
Sam sneaks up on Tom, hits him with a baseball bat, and knocks him unconscious. Tom never saw sam coming. He wakes up with a horrible headache. Which of the following torts has Sam committed?
Answer
  • (a) Assault
  • (b) Battery
  • (c) Both A and B
  • (d) None of the Above

Question 7

Question
Al runs a red light and hits carols car. She later sues, claiming the following losses: $10,000 - Car Repair $10,000 - Medical expenses $10,000 - Lost wages ( She couldn't work months after the accident) $10,000 - Pain and suffering If the injury believes all of Carols evidence and she wins her case, How much will she receive in compensatory damages?
Answer
  • (a) $40,000
  • (b) $30,000
  • (c) $20,000
  • (d) $10,000
  • (e) $0

Question 8

Question
Rod sues Sara for libel. Which of the following is true:
Answer
  • (a) Libel is spoken defamation; Rod will only have to show the statement was communicated to him.
  • (b) Libel is spoken defamation; Rod will have to show the statement was communicated to someone other than just him.
  • (c) Libel is written defamation; Rod will only have to show the statement was communicated to Sara.
  • (d) Libel is written defamation; Rod will have to show the statement was communicated to someone other than just him.
  • (e) Libel is not a recognized tort claim

Question 9

Question
Barry sneaks up behind Amy and hits her with a hammer. Amy does not see Barry or sense him coming to hit her. Which of the following could Amy rightly use Barry for in tort:
Answer
  • (a) Assault only
  • (b) Battery only
  • (c) Assault and Battery
  • Neither Assault nor Battery
  • Negligent infliction of emotional Stress

Question 10

Question
John and David agree that John will buy David’s car for $10,000. John backs out of the deal after it is made. Based on these facts, David’s most appropriate remedy is a tort claim.
Answer
  • True
  • False

Question 11

Question
Jill sues Mary for defamation. Mary is a public figure and Jill is not. Jill will have to prove actual malice by Mary to prove her defamation case.
Answer
  • True
  • False

Question 12

Question
1. Desi carelessly, but unintentionally trips Shalane. Shalane’s sustains an injured ankle. While tending to her ankle, Shalane forgets to go grocery shopping. Three years later, shortly after she was married Shalane finds out that her now husband was at her grocery store on the day she was tending her ankle. She sues Desi, claiming that not only did she suffer pain from the injury, but also that she would have met her husband earlier, but for Desi’s negligent action. Which element is the weakest in Shalane’s case against Desi?
Answer
  • (a) Duty
  • (b) Breach
  • (c) Factual Cause
  • (d) Proximate cause
  • (e) Damages

Question 13

Question
Meb is shopping at Galen’s boutique during normal business hours. Unknown to Galen, a customer had spilled water in the corner of the store five hours before Meb slips, falls, and breaks his back. Meb sues. For this case, which is true?
Answer
  • (a) Meb is an invitee and Galen does not owe a duty to warn of dangers Galen does not know about.
  • (b) Meb is an invitee and Galen owes a duty of reasonable care to Meb, which may include monitoring the store on a regular basis for spills.
  • (c) Meb is a licensee and Galen does not owe a duty to warn of dangers Galen does not know about.
  • (d) Meb is a licensee and Galen owes a duty of reasonable care to Meb, which may include monitoring the store on a regular basis for spills.
  • (e) Meb is a trespasser and Galen’s only duty is to not injure Meb intentionally.

Question 14

Question
Beth is in a car accident with Ritz. Ritz sues. The jury determines that Ritz was 50% negligent and Beth was 50% negligent. The jury determines damages to Ritz of $100,000. Under Tennessee law, Ritz is entitled to a $50,000 award, payable by Beth.
Answer
  • True
  • False

Question 15

Question
Barry signs a liability waiver before skiing at Beech Mountain. Barry is injured skiing, due to conduct of Beech Mountain employees. Barry will definitely be prevented from suing because of the signed liability waiver.
Answer
  • True
  • False

Question 16

Question
When brook went to work at an advertising agency, his employment contract stated that he was "at will and could be terminated at any time." After 28 months with the company, he was fired without explanation. Which of the following is true?
Answer
  • (a) The company must give him an explanation for his termination
  • (b) Because he had a contract, he was not an employee at will
  • (c) He could only be fired for a good reason
  • (d) He could be fired for any reason
  • (e) He could be fired for any reason except a bad reason

Question 17

Question
Gregg Young, the CEO of BJY Inc., insisted on calling Mamdouh El-Hakem "manny" or "hank" even when El-Hakem asked him not to, El Hakem was of Arab heritage. Young argued that a "western: name would increase El-Hakem's chances for success and would be more acceptable to BJY's clientele. Does this behavior violate the law?
Answer
  • (a) Yes, Young violated Title VII by discriminating against El-Hakem on the basis of his national origin
  • (b) Yes, Young was creating a hostile work environment
  • (c) Both (a) and (b)
  • (d) No, Manny is just a nickname. No harm was intended and, indeed no harm resulted
  • (e) No, because customers did prefer a Western name

Question 18

Question
When Allain University was looking for a diversity officer, it decided it would only hire a person of color. Is this decision Legal?
Answer
  • (a) Yes, color is a BFOQ for this position
  • (b) No, color is never a BFOQ, but race could be
  • (c) No, neither race nor color can be a BFOQ
  • (d) No, race and color can be a BFOQ, but are not in this situation. A person does not have to be a member of a minority group to promote diversity

Question 19

Question
During chemotherapy for bone cancer, Pete, a delivery man, is exhausted, nauseated and weak. He has asked permission to come in later, work a shorter day, and limit the lifting to 10 pounds. Delivery people typically carry packages of up to 70 pounds. Does Petes employer, Vulcan, have the right to fire him?
Answer
  • (a) No, Vulcan must create a new position so that the employee can do something
  • (b) No, vulcan must transfer the employee to another position, but only if one is vacant and he is able to perform it
  • (c) Yes, Vulcan can fire Pete because none of his major life activities has been affected
  • (d) Yes, Vulcan can fire pete because he cannot perform the essential functions of his job
  • (e) Yes, Vulcan can fire Pete because he is not disabled- Once the chemotherapy treatments end, he will feel the same again

Question 20

Question
Quick, onyx, and Nash were deeded a piece of land as tenants in common. The deed provided that Quick owned one-half of the property and Onyx and Nash owned one-quarter each. If Nash dies, the property will be owned as follows:
Answer
  • (a) Quick 1/2, onyx 1/2
  • (b) Quick 5/8, onyx 3/8
  • (c) Quick 1/3, onyx 1/3, Nash's heirs 1/3
  • (d) Quick 1/2, onyx 1/4, Nash's heirs 1/4

Question 21

Question
To be enforceable, a long-term residential real estate lease must ___________________.
Answer
  • (a) Require the tenant to obtain liability insurance
  • (b) define the tenant's duty to mitigate
  • (c) Be in writing
  • (d) Specify a due date for rent
  • (e) All of the above

Question 22

Question
A tenant's personal property will become a fixture and belong to the landlord if its removal would ____________________.
Answer
  • (a) increase the value of the personal property
  • (b) cause a material change to a personal property
  • (c) Result in substantial harm to the landlord's property
  • (d) Change the use of the landlord's property back to its prior use

Question 23

Question
Milton Friedman was a strong believer in the ________________________ model. He ______________________ argue that a corporate leads sole obligation is to make money for the company's owners.
Answer
  • (a) Shareholder; did
  • (b) shareholder; did not
  • (c) Stakeholder; did
  • (d) Stakeholder; did not
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